HomeMy WebLinkAboutO-376ORDINANCE NO, 376
AN ORDINANCE PROHIBITING ABANDONMENT OF VEHICLES: RESTRICTING THE
(DISPOSITION OR KEEPING OF WRECKED, NON -OPERATING OR DISCARDED
VEHICLES ON STREETS OR PRIVATE PROPERTY: PROVIDING FOR IMPOUNDING
OF CERTAIN VEHICLES: AND IMPOSING PENALTIES.
WHEREAS, in the City of Fairhope, Alabama, vehicles are, or
In the future, be abandoned in the streets and other places within
the city; and
WHEREAS, there are, or may. be in the future, be dismantled,
partially dismantled, wrecked, junked, non -operating or discarded
vehicles left about the City other than in junk yards or other
appropriate places; and
WHEREAS, such conditions tend to impede traffic in the streets
or interfere with the enjoyment of and reduce the vALue of private
properties; invite plunderings, create fire hazards and other
safety and health hazards to children as well as adults; Interfere
with the comfort and well-being of the public; and create, extend,
and aggravate the public generally; and
WHEREAS, adequate protection of the public health, safety
and welfare requires that such conditions be regulated, abated or
prohibited;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Fairhope, Alabama;
SECTION ONE: The following definitions shall apply in the
interpretation and enforcement of this Ordinance:
(1) "Person" - Shall mean any person, firm, partnership,
association, corporation, company or organization of any kind.
(2) "Vehicle" = Shall mean 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.
(3) "Street or highway" - Shall mean the entire width between
the boundary lines of every way publically maintained when any part
thereof is open to the use of the public for purposes of vehicular
travel.
(4) "Property" = Shall mean any real property within the City
which is not astreet or highway.
SECTION TWO: ABANDONMENT OF VEHICLES. 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.
SECTION THREE: LEAVING OF WRECKED, NON -OPERATING VEHICLE ON
STREET.
No person shall leave any partially dismantled, non -operating,
wrecked or junked vehicle on any street or hgihway within the City.
SECTION FOUR: DISPOSITION OF WRECKED OR DISCARDED VEHICLES.
No person in charge or control of any property within the City,
whether as owner, tenant, occupant, lessee or otherwise, shall allo
any partially dismantled, non -operating, wrecked, junked or discard
ed`vehicle to remain on such property longer than seventy-two(72)
hours; and no person shall leave any such vehicle on any property
within the City for a longer time than seventy-two (72) hours;
except that this Ordinance not apply with regard to a vehicle in
an enclosed building; a vehicle on the premises of a business
enterprise operated in a lawful place and manner, when necessary
to the operation of such business enterprise; or a vehicle in an
appropriate storage place or a depository maintained in a lawful
place and manner by the City.
SECTION FIVE: IMPOUNDING. The Chief of Police of the City of
Fairhope, Alabama or any member of his Department designated by him
is hereby authorized to remove or have removed any vehicle left
at any place within the City which reasonable appears to be in
violation of this Ordinance or lost, stolen, or unclaimed. Such
vehicle shall be impounded until lawfully claimed or disposed of.
SECTION SIX: PENALTIES. Any person violating any of the pro-
visions of this Ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined in an amount not exceed-
ing $100.00 or be imprisoned in the County Jail for a period not
exceeding six months, or be both so fined and imprisoned. Each day
such violation is committed or permitted to continue shall con-
stitute a separate offense and shall be punishable as such here-
under.
SECTION SEVEN: This Ordinance shall take effect upon final
(passage and publication as provided by Law.
PASSED this the 8th day of May , 1967
Mayor
Attest:
City Clerk
I, Marie Moore, City Clerk, of the City of Fairhope, Alabama, here-
by certify that the foregoing Ordinance is a true and correct copy
of Ordinance No. 376, adopted by the Council of the City of Fairhop
Alabama, in an open meeting at the regular session thereof held on
the 8th day of May, 1967, and published in the Fairhope Courier,
on the 13th day of April, 1967.
Given under my hand this the 2 th day of May , 1967
Mari Moore, City Clerk