HomeMy WebLinkAboutO-854ORDINANCE NO. O
AN ORDINANCE AMENDING SECTION 12-11, SECTION 12-12 AND SECTION
12-13 OF THE CODE OF ORDINANCES OF THE CITY OF FAIRHOPE, ALABAMA:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA AS FOLLOWS: SECTIONS 12-11, 12-12.AND.SECTION�12-13 OF
THE CODE OF ORDINANCES OF THE CITY OF FAIRHOPE BE AND HEREBY ARE
AMENDED TO READ AS FOLLOWS:
'SECTION 12-11
Abandoned, junked or non -operating vehicles:
(a) Definitions: The following definitions shall apply in
the interpretation and enforcement of this section:
1 - Public lands or public ways: All streets, walkways,
alleys, highways, parks, lands and easements which
are in the ownership or under the lawful control of the
City of Fairhope.
2 - Property: All real property within the city exclusive
of public lands and public ways.
3 - Vehicle: A machine propelled by power other than human
power designed to travel along the ground by use of
wheels, treads, runners, or slides, and transport persons
or property or pull machinery and shall include, without
limitation, automobile, truck, trailer, motorcycle,
tractor, buggy, and wagon.
4 - Abandoned vehicle: any vehicle which has been left
parked or unattended for longer than 24 hours upon any
public land or public way without written authorization;
any vehicle which reasonably appears to be lost, stolen,
or unclaimed; any vehicle left in an area clearly marked
to designate such an area as a "no parking" -zone; any
vehicle left unattended in such manner and under such
circumstances as to constitute a hazard to the safe and
orderly movement of traffic upon any public street, alley
or highway.
5 - Junked or non operating vehicle: any vehicle that does
not b:e:a.r a current license plate; any vehicle that is
not capable of being driven under its own power; any
vehicle which is either in a wholly or partially rusted,
wrecked, junked, dismantled or inoperative condition.
(b) Abandonment: No person shall abandon any vehicle within .
the city, and no person shall leave any vehicle at any
place within the city at such time and under such circum-
stances as to cause such vehicle reasonably to appear to
have been abandoned.
(c) Dismantled, non -operating, wrecked or junked vehicles:
No person shall leave any partially or wholly dismantled,
non -operating wrecked or junked vehicle, or parts thereof
on any public land or public way within the city. No
person in charge or control of any property within the
city, whether as owner, tenant, occupant, lessee or
otherwise, shall allow any partially or wholly dismantled
non -operating, junked, wrecked, or discarded vehicle, or
parts thereof, to remain on such property longer than
seventy-two (72) hours; and no person shall place any
such vehicle upon any property, or upon any public
land or public way within the city. Provided, however,
that this section shall not apply to the follwing:
1 - any vehicle within an enclosed building.
2 - any vehicle within a lawfully established place
of storage.
3 - any vehicle upon the premises of a business
enterprise operated in a lawful place and
manner, when such vehicle is necessary to
such operation.
4 - any vehicle in a storage place or depository
maintained by or under authority of the City
of Fairhope.
(d) Impounding:
1 - The Chief or Police or any police officer of
the City is hereby authorized to remove or have
removed any vehicle which reasonably appears to
be abandoned, lost stolen or unclaimed or which
is otherwise in violation of this section. Such
vehicle shall be impounded in the manner set
forth in the Procedural General Order Manual of
the Fairhope Police Department until lawfully
claimed or disposed of.
2 - The Zoning Enforcement Officer of the City is
hereby authorized to remove or have removed any
vehicle which is in violation of paragraph (c)
of this section. The Zoning Officer shall notify
the Fairhope Police Department of such removal and
the Police shall then immediately cause the same
to be impounded as provided in the Procedural
General Order Manual of the Fairhope Police
Department, until lawfully claimed or disposed of.
SECTION 12-12
Penalty
(a) Penalty for failure to comply with order of Zoning
Officer of the City to abate violation of Section 12-10:
If any person in charge or control of premises in the
city shall fail or refuse, after seven days written
notice by the Zoning Officer of the City to correct
the violation as set out is such notice, such person
shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined not more than five hundred
dollars (500.00) or be imprisoned in the City jail for
a period not to exceed six (6) months, or both.
(b) Penalty for failure to comply with order of Zoning
Officer of the City to remove from property within
the City any vehicle in violation of Section 12-11:
If any person in charge or control of premises in the
city shall fail or refuse to remove such vehicle after
seven (7) days notice by the Zoning Officer of the City,
such person shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than five hundred
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dollars ($500.00) or be imprisoned in the City jail for
a period not to exceed six (6) months, or both.
(c) Penalty for placing or causing to be placed upon
public lands or public ways any vehicle in violation
of Sections 12-11 (c) :
Any person who places or causes to be placed upon any
public land or public way within the City any vehicle
which is in violation of Section 12-11 shall be guilty
of a misdemeanor and, upon conviction thereof, shall
fined not more than five hundred dollars (500.00) or be
imprisoned in the City jail for a period not to exceed
six (6) months, or both.
Provided, however, that nothing herein shall be construed
to prevent or delay the removal of such vehicle from the
public lands or public ways as hereinbefore authorized
nor shall such removal in any way mitigate violation of
Section 12-11.
SECTION 12-13 RESERVED
SECTION II. This Ordinance shall take effect immediately upon its
due adoption and publication as required by law.
ADOPTED THIS % day of 11990.
Nal"t-� 142/
mes P. Nix, Mayor/ /V
ATTEST:
Evelyn . Phillips, Ci tyClerk