The town council finds that the dismantling or major repair of vehicles in public view in residential districts has a negative impact on the livability and appearance of the town, on the availability of driveways for parking, and on property values, and can pose safety and/or health hazards to children and adults. The town council determines that the public health, safety and welfare require the prohibition of major repairing or dismantling of vehicles in public view in residential areas, except where expressly permitted.

The council further finds that the accumulation and storage of dismantled or inoperative vehicles or vehicles in a state of being repaired, or parts of them, on private or public property can, unless controlled, create a condition tending to reduce the value of private property, promote blight and deterioration, create a fire hazard, constitute an attractive nuisance, create a harborage for rodents and insects, and are injurious to the health, safety and general welfare. Therefore, the presence of such vehicles or parts of them, on private or public property, except as permitted in this chapter, is prohibited and is declared to constitute a public nuisance.

(Prior code § 8-5501)

In this chapter unless the context otherwise requires:

"Immediate family" consists of parents, grandparents, spouse and children related by blood, marriage or adoption.

"Major repairs" includes pulling an engine block, repair or replacement of transmissions and front and rear axles, major body repair, dismantling and similar work.

"Registered/registration" means a current, valid California Registration for a vehicle conforming to California Vehicle Code Sections 4000 or 9840 et seq. for boats.

"Residential districts" are those areas of the town zoned for residential use, whether for single or multiple-family dwellings.

"Routine maintenance" includes changing oil and tires; replacement of water pump, alternator, brakes, shocks, oil and air filters, spark plugs and similar work.

"Storage" means materials or items placed or left in a location for preservation, later use or disposal.

"Vehicle" is a device by which a person or property may be propelled, moved or drawn upon a highway or street. "Vehicle" does not include a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(Prior code § 8-5502)

This chapter does not apply to a vehicle:

A.

Which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;

B.

Which is stored or parked in a lawful manner on private property in connection with a lawfully conducted business and when such storage or parking is necessary to the operation of a lawfully conducted business;

C.

Upon which work is performed for a period which does not exceed forty-eight (48) hours.

(Prior code § 8-5503)

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles within the town. It supplements and is in addition to other regulatory codes, statutes and ordinances.

(Prior code § 8-5504)

It is unlawful for any person in any residential district to perform major repairs or dismantling on any vehicle, boat or part thereof, except for major repairs or dismantling which takes place in a fully enclosed garage and is not visible from off site.

(Prior code § 8-5505)

The registered owner of a vehicle or boat may perform routine maintenance on that vehicle or boat, or a vehicle or boat registered to a member of his or her immediate family, in the driveway of his or her residence or otherwise visible from off site. Proof of registration of any vehicle or boat on which routine maintenance is occurring shall be provided to any Moraga police officer or code enforcement officer upon request of that officer.

(Prior code § 8-5506)

No noise-producing work, whether routine maintenance or major repairs, shall take place before eight a.m. or after eight p.m. on any day.

(Prior code § 8-5507)

Upon completion of any work allowed by this section, the property shall be cleaned of all debris, oil, grease, gasoline, cloths, rags and equipment or material used in the work, all such material shall be disposed of according to law and the area shall be left in such a condition that no hazard to persons or property shall remain.

(Prior code § 8-5508)

A.

No person may build, repair, service or dismantle a vehicle upon a public right-of-way except for temporary emergency repairs.

B.

No person may wash or polish a vehicle upon a public street when a charge is made for this service.

(Prior code § 8-5509)