Pine Lake City Zoning Code

It shall be unlawful and shall constitute disorderly conduct for any person in the city to:

(1)

Act in a violent or tumultuous manner toward another, whereby a reasonable person would be placed in fear of safety for life, limb, or health;

(2)

Place the property of another in serious danger of being destroyed or damaged;

(3)

Without provocation, use to or of another person in such other person's presence, opprobrious or abusive words which by their very utterance tend to incite to an immediate breach of the peace, that is to say, words which as a matter of common knowledge and under ordinary circumstances will, when used to or of another person in such other person's presence, naturally tend to provoke violent resentment that is, words commonly called "fighting words";

(4)

Violently interfere with another's pursuit of a lawful occupation; or

(5)

Congregate with others to halt the flow of vehicular or pedestrian traffic and refuse to clear the way when ordered by lawful authority to do so.

(Code 1986, § 9-1-1; Ord. No. 112, 1-9-1984; Ord. No. 114, 3-12-1984; Ord. of 2-10-1986; Ord. of 7-10-1989, § 9-1-1(23), (24); Ord. No. 02-2016, § 1, 11-14-2016)

State Law reference— Disorderly conduct, O.C.G.A. § 16-11-39.

(a)

It shall be unlawful for any person to be and appear in an intoxicated condition in any public place or within the curtilage of any private residence not his or her own other than by invitation of the owner or lawful occupant, which condition is made manifest by boisterousness, by indecent condition or act, or by vulgar, profane, loud or unbecoming language.

(b)

For purposes in this section, the term "public place" shall not only include publicly owned property, but shall also include privately owned property commonly used as a gathering place for the public and at the time is being so used.

(Code 1986, § 9-1-2; Ord. of 11-14-1988, § 9-1-2)

State Law reference— Public drunkenness, O.C.G.A. § 16-11-41.

It shall be unlawful for any person to consume any distilled spirits, wine or malt beverage, in or upon any street, alley, sidewalk or other public thoroughfare or public place in the city; provided that this prohibition shall not apply where the consumption of alcoholic beverages has been allowed pursuant to special permit or license.

(Code 1986, § 9-1-3; Ord. No. O0013-00, § 9-1-3, 10-9-2000; Ord. No. 02-2016, § 2, 11-14-2016)

(a)

It shall be unlawful for any person to possess one ounce or less of marijuana within the corporate limits of the city.

(b)

Conviction for violation of this ordinance shall be punished by a fine of not more than $75.00, which fine shall be subject to alternative sentencing.

(c)

No person convicted solely of violating this ordinance shall be punished by confinement for any period of time and no additional time served should be added for violation of this ordinance if arrested or cited for another offense.

(Ord. No. 2021-01, § 2, 3-30-2021)

(a)

Generally. The creating of any unreasonably loud, disturbing and unnecessary noise within the limits of the city is prohibited. Noise of such character, intensity or duration as to be detrimental to the life or health of any individual, or in disturbance of the public peace and welfare, is prohibited.

(b)

Noises in violation. The following acts, among others, are declared to be loud, disturbing and unnecessary noises and noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely:

(1)

Horns. The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle, while not in motion except as a danger signal if another vehicle is approaching apparently out of control or, if in motion, only as a danger signal; the creation by means of any such signal device of any unreasonably loud or harsh sound or the sounding of that device for an unnecessary or unreasonable period of time.

(2)

Musical instruments. The playing of any radio, phonograph or any musical instrument in such a manner or with such volume, particularly during the hours between 12:00 midnight and 7:00 a.m., as to annoy or disturb the quiet, comfort or repose of persons in any office, hospital or in any dwelling, hotel or other type of residence, or any persons in the vicinity, except, this section shall not apply to schools of music between the hours of 7:00 a.m. and 10:00 p.m.

(3)

Voices. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 12:00 midnight and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any hospital, dwelling, hotel or other type of residence, or any persons in the vicinity.

(4)

Noisy vehicle. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in any manner as to create loud and unnecessary grating, grinding or rattling, or other noise.

(5)

Steam whistles. The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, or as a warning of fire or danger, or upon request of proper city authority.

(6)

Exhausts. To discharge into the open air the exhaust of any stationary steam engine, stationary internal combustion engine, motor vehicle or motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(7)

Construction work. The erection (including excavating), demolition, alteration or repair of any building in any residential district or section, the excavation of streets and highways in any residential district or section, other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, 9:00 a.m. and 6:00 p.m. on Saturdays, 10:00 a.m. and 6:00 p.m. on Sundays, except in cases of urgent necessity, and then only with a permit from the city, which permit may be granted for a period not to exceed 60 days while the emergency continues.

(8)

On streets of institutions requiring quiet. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in session, or adjacent to any hospital, which unreasonably interferes with the workings or sessions thereof.

(9)

Loudspeakers on vehicles. The use of mechanical loudspeakers or amplifiers on trucks or other moving or standing vehicles for advertising or other purposes.

(10)

Animals. The owning, possessing or harboring of any animal which frequently, or for continued duration, howls, barks, meows, squawks or makes other sound which creates excessive and unnecessary noise across a residential or commercial real property line or within a noise sensitive area. For the purposes of this subsection "barking dog" shall mean a dog that barks, bays, cries, howls or makes any other noise continuously and/or incessantly for a period of ten minutes, or barks intermittently of one-half hour or more to the disturbance of any person at any time of day or night, regardless of whether the dog is physically situated in or upon private property; provided, however, that a dog shall not be deemed a barking dog if, at the time the dog is barking or making any other noise, a person is trespassing or threatening to trespass upon property in or upon which the dog is situated. In such cases where one resident is making a complaint against the caretaker of the barking dog, the city police shall be notified. If the situation persists, as witnessed by a police officer, the dog's caretaker may receive a first time warning. Should the incident reoccur, then a citation may be issued.

(c)

Exceptions. None of the foregoing terms or prohibitions shall apply to or be enforced against:

(1)

Any vehicle of the city while engaged upon necessary public business;

(2)

Excavations or repairs of bridges, streets or highways, by or on behalf of the city, county or state during the nighttime, when the public welfare and convenience renders it impossible to perform that work during the day; nor shall the same apply to work performed by public utility companies under like conditions and circumstances, or when there is urgent necessity therefore; and

(3)

The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character.

(d)

Permitted activities. The prohibitions shall not be applicable to any parade, celebration or performance for which a written permit has been obtained prior thereto from the city clerk.

(e)

Amplifying equipment on public grounds. It shall be unlawful to use, maintain or operate loudspeakers, sound trucks, amplifiers or other mechanical or electrical devices for increasing the volume of sound, upon the streets, sidewalks, parks or other public places of the city; provided that nothing in this section shall apply to the United States of America, the state, the county, the city, nor to public agencies.

(Code 1986, § 9-1-5; Ord. of 10-9-1995, § 9-1-5; Ord. No. O00799, § 9-1-5(7), 7-12-1999)

State Law reference— Conditions under which sound from motor vehicle that are audible at a distance of 100 feet or more prohibited, O.C.G.A. § 40-6-14.

It shall be unlawful for any person to post or display in or upon any bridge any sign or advertisement, or to post or display upon any telegraph, telephone or electric company's pole, or upon any public property or the private property of any person any bills, signs or advertisements without the consent in writing of the owner thereof.

(Code 1986, § 9-1-6)

State Law reference— Placement of posters, O.C.G.A. § 16-7-58.

No person shall have the right nor shall they discharge any rifle, pistol, gun or other firearm, or any air rifle, air pistol or airgun or any other contrivance whereby a projectile is propelled by means of a propellant, within the city limits.

(Code 1986, § 9-1-7)

Editor's note— Ord. No. 02-2016, § 3, adopted Nov. 14, 2016, repealed § 50-26, which pertained to fireworks and derived from Code 1986, § 9-1-8.

(a)

Owners and occupants of all vacant and improved lots within the city limits shall at all times maintain their property in such a manner that unsightly overgrowth of tall grasses (ten inches or higher), weeds, underbrush and accumulation of trash or other thing will not create an unsanitary or unsafe condition or hazard as determined by appropriate city officials.

(b)

If the owner of any property shall so maintain the same and shall fail to clean or remove said weeds, underbrush, trash or other fire hazard within ten days after having been notified in writing by an official of the city administration or the police department, such failure shall constitute a violation of this section. Upon subsequent failures within 12 months of first written notice, a citation will be issued.

(c)

In all cases where the property owner and/or occupant, after notice by the city, fails to clean or maintain said property, the same may be cleaned or maintained by the city and reasonable costs may be billed to the property owner. Failure to pay the bill will result in a lien being placed upon the property. The city may also cite the property owner and/or occupant to appear in the municipal court of the city and upon conviction thereof, the property owner and/or occupant may be punished as provided in section 1-9.

(Code 1986, § 9-1-9; Ord. of 7-10-1989; Ord. of 8-12-1991, § 9-1-9(c), (d); Ord. of 10-9-1995, § 9-1-9(b))

It shall be unlawful for the owner or occupant of a residential building, structure or property to utilize the premises of such residential property for the open storage of any abandoned icebox, refrigerator, stove, glass, building material, building rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential property clean and to remove from the premises all such abandoned items, as listed above, including but not limited to weeds, dead trees, trash, garbage, etc., upon notice from the police department.

(Code 1986, § 9-1-10; Ord. of 6-10-1968)

It shall be unlawful for any person to light, set fire to or burn leaves, trash or any other substance in or upon the streets of the city.

(Code 1986, § 9-1-11; Ord. of 2-4-1957)

Any parent, guardian or other party standing in the place of a parent, who shall permit, aid or encourage any minor to violate any ordinance of the city, shall be guilty of an offense and, upon conviction, shall be punished as provided by section 1-9.

(Code 1986, § 9-1-12; Ord. of 6-9-1997, § 9-1-12)

(a)

A person commits the offense of loitering or prowling when he or she is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

(b)

Among the circumstances which may be considered in determining whether alarm is warranted is the fact that person takes flight upon the appearance of a law enforcement officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances make it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer failed to comply with the foregoing procedure or if it appears at trial that the explanation given by the person was true and would have dispelled the alarm or immediate concern.

(Code 1986, § 9-1-13; Ord. of 6-12-1989, § 9-1-13)

State Law reference— Loitering prohibited, O.C.G.A. § 16-11-36.

A person who keeps and maintains, either by himself or herself or others, a common, ill-governed, and disorderly house, to the encouragement of gaming, drinking or other misbehavior, or to the common disturbance of the neighborhood or orderly citizens, commits the offense of maintaining a disorderly house.

(Code 1986, § 9-1-14; Ord. of 9-11-1989, § 9-1-14)

A person who gives a false name or address, or date of birth, to a law enforcement officer in the lawful discharge of his or her official duties with the intent of misleading the officer as to his or her identity or birth date, commits the offense of giving a false name, address or date of birth to a law enforcement officer.

(Code 1986, § 9-1-15; Ord. of 10-9-1989, § 9-1-15)

State Law reference— Giving false name to officers, O.C.G.A. § 16-10-25.

Any minor who shall be within the city limits of the city during school hours shall be in violation of this Code and declared as truant. Said minor, upon apprehension shall be taken to the appropriate school. If the minor is not a resident of the city, said minor shall be escorted out of the city limits. Upon the first offense, the parent, guardian or other party standing in the place of a parent shall receive a "courtesy call." Upon the second offense, the parent, guardian or other party standing in the place of a parent, upon conviction shall be punished by a minimum fine of $100.00. Upon the third offense, the parent, guardian or other party standing in the place of a parent, upon conviction shall be punished by a minimum fine of $500.00. Upon the fourth and subsequent offenses, the parent, guardian or other party standing in the place of a parent, upon conviction shall be punished by a minimum fine of $1,000.00.

(Code 1986, § 9-1-16; Ord. of 6-9-1997, § 9-1-16)

It is unlawful to damage public property. Cost for repairs of damage to public property will be the responsibility of the defender.

(1)

Accidental damage cost will be assessed on a cost plus administrative fee basis.

(2)

Intentional damage costs will be assessed at the fees above plus an additional fine (plus all applicable court fees).

(3)

Unintentional damages not reported within two business days will be treated as intentional.

(4)

The city will pay a reward for information leading to the conviction of anyone responsible for defacing or vandalizing public property.

All damage must be reported promptly to the office of the city clerk, City Hall East (462 Clubhouse Drive).

(Code 1986, § 9-1-17; Ord. No. 002-04, § 9-1-17, 3-8-2004)

(a)

Where the city has adopted and posted policies governing use of the lake and/or city owned buildings and properties, failure to comply with such policies shall constitute an offense.

(b)

No person shall refuse to obey the directive of a law enforcement officer or other administrative officer or employee of the city charged with responsibility for monitoring use of the lake or other public buildings or public properties, when directives given by such authorized person are in compliance with adopted policies for use of those facilities and/or state statutes or local ordinances governing conduct on public property.

(c)

No person shall go out onto, or walk onto, the lake located within the city whenever the lake is covered, in whole or in part, by ice.

(d)

No person shall disobey the lawful order or command of any lifeguard, beach monitor, law enforcement officer or other authorized administrative officer of the city to leave the beach, swimming area, park area or other public property.

(Ord. No. 02-2016, § 4, 11-14-2016)

For purposes of this article, the following words, terms, and phrases shall have the meaning ascribed in this section, except where the context clearly indicates a different meaning:

Age means an individual's status as being forty years of age or older.

Business means any person or entity conducting business within the city, which is required to obtain a license or permit from the city. For purposes of this article, no department of any government agency shall be considered to be a business (notwithstanding licensure by the city).

Complainant means an individual that files a complaint pursuant to this article.

Discriminate, discrimination, or discriminatory means any act, policy, or practice that, regardless of intent, has the effect of subjecting any individual to differential treatment as a result of that individual's actual or perceived race, color, religion, sex, age, national origin, disability, military status, sexual orientation, gender identity, familial status, or marital status.

Employee means any individual employed by or seeking employment from any business within the City of Pine Lake. Employee does not include any individual employed by such individual's parents, spouse, or child.

Employer means a person or entity that employs one or more employees at a location within or to exert substantial efforts within the City of Pine Lake.

Familial status means an individual's past, current, or prospective status as a parent or legal guardian to a child or children below the age of 18 who may or may not reside with that individual.

Gender identity means the actual or perceived gender-related identity, expression, appearance, or mannerism, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth.

Marital status means an individual's past, current, or prospective status as single, married, divorced, widowed, domestically partnered, or in a civil union.

Mediator means a qualified neutral third party that will attempt to assist the complainant and the respondent(s) to arrive at a mutual agreement to resolve a complaint.

Military status means an individual's status as one who serves or served in the uniformed services, military, naval, or air service of the United States of America or any State thereof, and, if no longer serving, was discharged or released under conditions other than dishonorable.

National origin means an individual's place of origin or an individual's ancestors' place of origin.

Place of public accommodation means any place or establishment, either licensed or unlicensed, that supplies accommodations, goods, or services to the general public, or that solicits or accepts the patronage or trade of the general public, or that is supported directly or indirectly by government funds. The term does not include any private club, bona fide membership organization, or other establishment that is not in fact open to the public.

Religion means all aspects of religious belief, observance, and practice.

Religious organization means an entity that conducts regular worship services or is qualified by the Internal Revenue Service as a religious organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as now or hereafter amended, and that is not required to file IRS Form 990, Return of Organization Exempt from Income Tax, under any circumstances.

Respondent means an individual, employer, business or place of public accommodation accused in a complaint of violating this article.

Sexual orientation means an individual's orientation as heterosexual, homosexual, bisexual, pansexual, or asexual.

(Ord. No. 2020-01, § 1, 1-28-2020)

(a)

It shall be an unlawful discriminatory practice for a business or employer, because of the race, color, religion, sex, age, national origin, disability, military status, sexual orientation, gender identity, familial status, or marital status of any individual or of any person with whom such individual associates, to refuse to hire or employ such individual or to bar or discharge such individual from employment or to otherwise discriminate against such individual in compensation, discipline, or in terms, conditions, or privileges of employment.

(b)

It shall be an unlawful discriminatory practice for a business or employer to discriminate against any individual in the terms, conditions, or privileges of sale or rental of real property, or in the provision of services or facilities in connection therewith, because of the race, color, religion, sex, age, national origin, disability, military status, sexual orientation, gender identity, familial status, or marital status of such individual or of any person with whom such individual associates.

(c)

It shall be an unlawful discriminatory practice for any business that is the owner, operator, or manager of any place of public accommodation, to refuse, deny, or make a distinction, directly or indirectly, in offering its goods, services, facilities, or accommodations to any individual because of the race, color, religion, sex, age, national origin, disability, military status, sexual orientation, gender identity, familial status, or marital status of such individual or of any person with whom such individual associates. Notwithstanding the foregoing, nothing in this ordinance shall be construed to prevent any business from offering any additional benefit or discount to an individual because of such person's age or military status, or association with a person based on such individual's military status.

(Ord. No. 2020-01, § 1, 1-28-2020)

Notwithstanding the foregoing, the following are not discriminatory practices prohibited by section 50-201 of this article:

(1)

A religious organization that employs an individual of a particular religion to perform work connected with the performance of religious activities or observances.

(2)

An employer who observes the conditions of a collective bargaining agreement, bona fide affirmative action plan, or bona fide seniority system which is not a pretext to evade the purposes of this ordinance.

(3)

A business or employer is not required to hire or retain unqualified or incompetent personnel.

(4)

An employer may require an employee, during the employee's hours of work, to adhere to reasonable and equitable dress or grooming standards not prohibited by other provisions of Federal, State, or local law, provided that all employees are permitted to dress in a manner consistent with their gender identity and all employees are permitted to wear hairstyles reflective of their race, color, religion, or national origin.

(5)

A business or place of public accommodation may require patrons, contractors, and members of the general public to adhere to reasonable and equitable dress or grooming standards provided that all individuals are permitted to dress in a manner consistent with their gender identity and all individuals are permitted to wear hairstyles reflective of their race, color, religion, or national origin.

(6)

A business is not required to make changes to any existing facility that would require a building permit, except as otherwise required by law.

(7)

This article does not prohibit a religious organization from limiting its non-commercial accommodations, advantages, facilities, membership, and privileges to individuals of the same religion.

(8)

This article shall not be construed or enforced in such a way as to violate any person's rights under the United States Constitution or the Georgia Constitution.

(9)

Any individual who believes they have been aggrieved by an alleged violation of this article may file a complaint with the city clerk. Such complaint must include the full name of the complainant, contact information for the complainant, the identity and address of the alleged violator, the location of the alleged violation, a description of the actions alleged to constitute a violation of this article, and verification by the complainant under oath that the allegations of the complaint are true. Any complaint that does not meet these requirements shall be returned to the complainant.

(10)

A complaint must be filed within 90 days of the alleged act of discrimination.

(11)

Within seven business days of the filing of a proper complaint, the city clerk shall cause a copy of the complaint to be served on the respondent and the complainant along with notice of and instructions for participating a mediation program to resolve the complaint. For purposes of this section, service shall mean either personal service, or service by certified mail, return receipt requested.

(12)

Upon written request of the complainant or the respondent within 30 days of service of the complaint and notice, the city clerk or his or her designee shall arrange for the services of a mediator to conduct nonbinding mediation between the complainant and the respondent. Such mediation services shall be paid by the city, up to a maximum of six hours. The complainant and respondent may agree to obtain additional time with the mediator at their own cost, to be split equally or as otherwise agreed between them. The mediation shall be completed and the city clerk notified by the mediator of the result within 30 days of referral to the mediator.

(13)

Although an answer is not mandatory, the respondent may file with the city clerk an answer to the complaint.

(Ord. No. 2020-01, § 1, 1-28-2020)

The following conditions may be declared to be nuisances:

(1)

Stagnant water on premises;

(2)

Any dead or decaying matter, weeds, vegetation or any fruit, vegetable, animal or rodent, upon premises which is odorous or capable of causing disease or annoyance to the inhabitants of the city;

(3)

The generation of smoke of fumes in sufficient amount to cause odor or annoyance to the inhabitants of the city;

(4)

The pollution of public water or the injection of matter into the sewage system which would be damaging thereto;

(5)

Maintaining a dangerous or diseased animal or fowl;

(6)

Obstruction of a public street, highway or sidewalk without a permit;

(7)

Loud or unusual noises which are detrimental or annoying to the public, including without limitations, unusual loud disturbances in or around churches or multiple family complexes such as loud music and other activities in swimming pool and clubhouse areas;

(8)

All walls, trees and buildings that may endanger persons or property;

(9)

Any business or building where illegal activities are habitually and commonly conducted in such a manner as to reasonably suggest that the owner or operator of the business or building was aware of the illegal activities and failed to reason;

(10)

Unused iceboxes, refrigerators and the like unless the doors or locks thereof are removed;

(11)

Any trees, shrubbery or other plants or parts thereof, which obstruct clear, safe vision on roadways and intersections of the city; and

(12)

Any other conditions constituting a nuisance under state law.

(Code 1986, § 9-2-1)

It is hereby declared to be an offense for any owner, agent or tenant to maintain or allow a nuisance to exist. Each day a nuisance is continued shall constitute a separate offense.

(Code 1986, § 9-2-6)

The municipal court shall have full jurisdiction to try and dispose of all questions of nuisance affecting the public health or welfare, and shall also have jurisdiction to try and, in cases of convictions, to punish persons failing to abate nuisances, as prescribed in section 1-9.

(Code 1986, § 9-2-2)

(a)

Any official or inhabitant of the city may direct a complaint of nuisance to the city police department, who shall investigate and may place the complaint on the municipal court docket for a hearing upon the basis of the investigation. The municipal court after a ten day notice to the party involved, shall hold a hearing thereon and upon finding that at nuisance does exist shall issue an order to the owner, agent in control of or tenant in possession, stating that a nuisance has been found to exist and that the nuisance must be abated within so many hours or days as the court shall deem reasonable, having consideration for the nature of the nuisance and its effect on the public.

(b)

Animal control officers, license and building inspectors shall and may also receive complaints, investigate the same and place on the court docket such complaints in the same manner as police officers.

(Code 1986, § 9-2-3)

(a)

In any case where the owner, agent or tenant fails to abate the nuisance in the time specified, or where the owner, agent or tenant cannot be served with notice, or where the nature of the nuisance is such, in the opinion of the recorder that it must be immediately abated, the court may issue an order to the chief of police directing the nuisance to be abated. The chief of police in such case, shall keep record of the expense and cost of abating same, and the costs shall be billed against the owner, agent or tenant for collection as for city revenues.

(b)

Other city departments shall assist the chief of police as is necessary in abating nuisances hereunder.

(Code 1986, § 9-2-4)

Nothing contained in this division shall prevent the mayor from summarily and without notice ordering the abatement of or abating any nuisance that is a nuisance per se in the law or where the case is an urgent one and the health and safety of the public or a portion thereof is in imminent danger.

(Code 1986, § 9-2-5)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Junked motor vehicle means any motor vehicle, trailer or camper which does not have lawfully affixed thereto an unexpired license plate and the condition of which is wrecked, dismantled, partially dismantled, inoperative or discarded.

Person means any person, firm, partnership, association, corporation, company or organization of any kind.

Police department means the chief of police or a designee thereof.

Private property means any real property within the city which is privately owned and which is not public property as defined in this section.

Public property means any street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility.

(Code 1986, § 9-1-31; Ord. of 1-11-1982)

No person shall park, store, leave or permit the parking, storing or leaving of any junked motor vehicle or parts of any such motor vehicle whether attended or not, upon any public or private property within the city for a period of time in excess of 72 hours. The presence of a junked vehicle or parts thereof on private or public property is hereby declared illegal. This section shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a business enterprise, lawfully licensed by the city and property operated in the appropriate business zone, pursuant to the zoning laws of the city, or to any motor vehicle in operable condition specifically adopted or designed for operation on drag strips or raceways, or any vehicle retained by the owner for antique collection purposes bearing a valid state antique licenses.

(Code 1986, § 9-1-32; Ord. of 1-11-1982)

Whenever it comes to the attention of the police department that any vehicle is located in violation of this division in the city, a notice in writing shall be served upon the occupant or the land where the vehicle is located, or in case there is no such occupant, then upon the owner of the property or an agent thereof notifying them of the violation and requesting its removal in the time specified in this division.

(Code 1986, § 9-1-33; Ord. of 1-11-1982)

Upon proper notice and opportunity to be heard, the owner of the junked vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal. In the event of removal and disposition by the city, the owner, or occupant of the private property where same is located, shall be liable for the expenses incurred. Expenses must be paid before the owner may reclaim the vehicle.

(Code 1986, § 9-1-34; Ord. of 1-11-1982)

The police department of the city shall give notice to remove to the owner or occupant of the private property where such vehicle is located at least ten days before compliance is required. It shall constitute sufficient notice, when a copy of same is posted in a conspicuous place upon the private property on which the vehicle is located.

(Code 1986, § 9-1-35; Ord. of 1-11-1982; Ord. of 6-12-1995, § 9-1-35)

The notice shall contain the request for removal within the time specified in this division, and the notice shall advise that upon failure to comply with the notice to remove, the police chief or a designee thereof shall undertake such removal with the cost of removal to be levied against the owner or occupant of the property.

(Code 1986, § 9-1-36; Ord. of 1-11-1982)

The police department shall have the right to take possession of motor vehicles in violation of this division from public streets which are a threat to the safety and welfare of the public or on private property blocking access to fire hydrants, driveways and the like, without prior notice.

(Code 1986, § 9-1-38)

The persons to whom the notice is directed, or their duly authorized agent, may file a written request for a hearing before the municipal court to the city within the ten day period for compliance prescribed in this division. If it is determined in the municipal court that this division has been violated, then the person responsible for the vehicle shall be punished by a fine, imprisonment, and/or ordered to remove the vehicle pursuant to section 1-9. Further, each day after the expiration of the notice shall be considered a separate offense.

(Code 1986, § 9-1-39; Ord. of 1-11-1982; Ord. of 6-12-1995, § 9-1-39)

Within 48 hours of the removal of a vehicle under this division, the police department shall give notice to the registered owner of the vehicle, if known, and also to the owner or occupant of the private property from which the vehicle was removed, that the vehicle has been impounded and stored for violation of this division. The notice shall give the location of where the vehicle is stored, and the costs incurred by the city for removal.

(Code 1986, § 9-1-40; Ord. of 2-22-1982)

The city shall maintain the right to contract with independent contractors for towing, storage, and for sale of unclaimed junked vehicles.

(Code 1986, § 9-1-41; Ord. of 1-11-1982)

The time and place of public sale for unclaimed junked vehicles shall be set and disposal provided in the same manner as the disposal of city property.

(Code 1986, § 9-1-42; Ord. of 1-11-1982)

Upon the failure of the owner or occupant of property on which junked vehicles have been removed by the city to pay the un-recovered expenses incurred by the city in the removal, a lien shall be placed upon the property for the amount of the expenses, less the amount obtained in the sale of the vehicle.

(Code 1986, § 9-1-44; Ord. of 1-11-1982)