The governing body finds that junked, wrecked, dismantled, inoperative or abandoned vehicles affect the health, safety and general welfare of citizens of the city because they:

(a)   Service as a breeding ground for flies, mosquitoes, rats and other insects and rodents;

(b)   Are a danger to persons, particularly children, because of broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or other supports;

(c)   Are a ready source of fire and explosion;

(d)   Encourage pilfering and theft;

(e)   Constitute a blighting influence upon the area in which they are located;

(f)    Constitute a fire hazard because they frequently block access for fire equipment to adjacent buildings and structures.

(g)   Create a condition for the growth of weeds and grasses.

(Code 2019; Ord. G-26-01)

As used in this article, unless the context clearly indicates otherwise:

(a)   Inoperable means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the function or purpose for which it was originally constructed;

(b)   Vehicle means, without limitation, any automobile, truck, tractor, or motorcycle which as originally built contained an engine, regardless of whether it contains an engine at any other time, and shall also include trailers and boats.

(c)   Demolition Derby Vehicle means any motor vehicle which has been specifically modified for demolition derby competition, and which has been registered as provided herein.

(Code 2019; Ord. G-26-01)

It shall be unlawful for any person to maintain or permit any vehicle nuisance within the city.

(a)   A vehicle nuisance shall include any of the following conditions:

(1)   any vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149 inclusive, as amended;

(2)   is parked in violation of city ordinance;

(3)   is incapable of moving under its own power; or

(4)   is in a junked, wrecked or inoperable condition. It is presumed that a vehicle is junked, wrecked, or inoperable if the vehicle lacks a current registration plate, is placed on jacks, blocks, or other supports, or lacks one or more parts necessary for lawful operation.  (v) any vehicle parked or stored upon a front yard or side yard, as defined by 2-102(y) and (aa), unless said vehicle is located on hard surface driveway or parking area composed of gravel, brick, sand, rock, asphalt, concrete, or equivalent material.

(b)   The provisions of this section shall not apply to:

(1)   Any vehicle which is enclosed in a garage or other building; or

(2)   To the parking or storage of a single vehicle inoperable for a period of 10 consecutive days or less; or

(3)   To any person conducting a business enterprise in compliance with existing zoning regulations;

(4)   Vehicles placed behind screening of enough size, strength, and density to screen such vehicles from the view of the public and to prohibit ready access to stored vehicles by children. However, nothing in this subsection shall be construed to authorize storage of a vehicle under a tarp or the maintenance of a public nuisance.

(c)   The running of the time limitations set forth in subsection (b)(2) shall not be tolled by the relocation of a vehicle to another location within the City that does not satisfy the specifications of subsection (b)(1), (b)(3), or (b)(4) above, nor shall such relocation constitute an abatement of the original motor vehicle nuisance condition which shall be regarded as continuing.

(Code 2019; Ord. G-26-01)

(a)   Screens must be structurally sound and must have a neat, orderly, and uniform appearance.

(b)   A screen must effectively conceal the vehicles from the view of the main traveled way.

(c)   Screens which provide a “see through” effect when viewed from a moving vehicle do not provide effective concealment and are therefore prohibited.

(d)   Screen entrances must be constructed in a manner that precludes a direct view of the inoperable vehicles within from the main traveled way, or there must be entrance gates which can conceal the inoperable from view when closed.

(e)   Inoperable vehicles shall not be stacked or placed to be visible above the screen, nor shall junk materials be placed outside of the screened area to be visible from the main traveled way.

(Code 2019; Ord. G-26-01)

The provisions of Section 4-503 shall not apply to any person, partnership, or corporation with respect to demolition derby vehicles, between June 15 and September 15, subject to the following:

(a)   There shall not be more than two (2) demolition derby vehicles located on a property at a time.

(b)   Demolition derby vehicles shall be registered at the office of the City Clerk without charge.

(c)   Demolition derby vehicles shall not be operated within the City between the hours of 10:00 p.m. and 8:00 a.m., unless the engine is properly muffled.

(Code 2019; Ord. G-26-01)

The public officer shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing stating that a nuisance exists and describing the same and where located or is informed that a nuisance may exist by the board of health, chief of police or the fire chief. The public officer may make such inquiry and inspection when he or she observes conditions which appear to constitute a nuisance. Upon making any inquiry and inspection the public officer shall make a written report of findings. The governing body of the city, by resolution, also may make such determination.

(Code 2019; Ord. G-26-01)

It shall be a violation of this article to deny the public officer the right of access and entry upon private property at any reasonable time for making inquiry and inspection to determine if a nuisance exists.

(Code 2019; Ord. G-26-01)

In the event the public officer believes a vehicle nuisance exists, the public officer shall follow the procedure set forth in the Code of the City of Plainville Section 4-404, et seq. Disposition of any vehicle abated pursuant to this Article shall comply with the procedures for impoundment, notice and public auction provided by K.S.A. 8-1102(a)(2), as amended.

(Code 2019; Ord. G-26-01)

(a)   In addition to or as an alternative to the remedy of abatement as provided under this Article, any person in violation of this Article may be prosecuted in municipal court and subject to:

(1)   a fine of not less than $50 nor more than $500;

(2)   a sentence of not more than six months in jail;

(3)   such other orders as the court deems just and consistent with the purpose and intent of this Article; or

(4)   any combination thereof.

(b)   Prosecution of any offender under this Article does not limit the City’s right to pursue assessment or collection of costs as stated in this Article, or by other laws.

(c)   Each day that any violation shall continue shall constitute a separate offense.

(d)   Any fines assessed under this Article shall be collected by the municipal court administration and paid over to the general fund, except for assessments of court costs.

(Code 2019; Ord. G-26-01)