The URL can be used to link to this page

Home My WebLink AboutORDINANCE 1803-1998SUBSTITUTE Suggested by: Administration CITY OF KENAI ORDINANCE N0. 1803-98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE CITY CODE Afi KMC 12.25.030 TO MORE CLEARLY DEFINE "JUNK VEHICLE." WHEREAS, KMC 12.25.030 currently does not set clear standards as to what constitutes a junk vehicle; and WHEREAS, it is in the best interest of the City of Kenai to design clear standards so enforcement will be easier and more efficient; and WHEREAS, a better definition of a junk vehicle will provide the public with clearer notice of what is not allowable; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 12.25.030 be changed to read as follows: 12.25.030 Leaving of jWRECKED, DISCARDED, NON-OPERATINGI Junked or Illegally Parked Vehicles (a) No person shall leave any [PARTIALLY DISMANTLED, NON- ~ OPERATING, WRECKED, OR] junked vehicle on an street, hi hwa or Y g Y~ public property within the City. (b) No person shall leave any vehicle remaining on public property designated for parking in violation of regulations, ordinances, and/or posted times, periods, or conditions. And such vehicle shall be subject to emergency impounding procedures pursuant to KMC 12.25.040(c). (c) No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any [PARTIALLY DISMANTLED, NON-OPERATING, WRECKED,] junked [, OR DISCARDED] vehicle to remain on such property longer than 72 hours; and no person shall leave any such vehicle on any property within the City for a longer time than [48] 72 hours; except that this ordinance shall 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 depository maintained in a lawful place and manner by the City. (d) Notwithstanding KMC 12.25.030(c), no vehicle may be removed from private property without the consent of the property owner or occupant. (e) Notwithstanding the provisions of subsection ~c), if the City Manager has reasonable grounds to believe that repairs can be made to render a junk vehicle operable, that the registered owner or other person entitled to possession of the vehicle is willing to undertake or have Ordinance No. 1803- 98 Page 2 of 2 performed such repairs, that the vehicle does not pose any health or safety hazard, and that there is no reasonable means for removingthe vehicle from public view while repairs are being performed, the City Manager may authorize a period of no more than thirt~(30) days for the performance of such repairs. In no case, however, may this section be construed as authorizing the operation of a junkyard or other salva e or repair business where other requirements of the law have not been met. 1fl "Junk vehicle" means a motor vehicle that is: (1) Not currently registered for operation upon the public roads of the City; or (2) In a condition which exhibits two of the following elements: i. A substantial amount of broken or missing lass 11. Missing two or more wheels or tires; iii. Missing a body panel or bodespart, such as quarter panels, bumper, trunk lid or hood; iv. Missing an essential component such as the engine, transmission, carburetor, distributor, brake or wheel cylinder, brake shoe, generator, or alternator, starter, front passenger seat, or drive shaft; or 131 Stripped, wrecked or otherwise inoperable due to mechanical failure; or ~4~ Has not been repaired because of mechanical difficulties or because the cost of repairs required to make it operable exceeds the fair market value of the vehicle. (~) It is an affirmative defense to a prosecution under subsection (fl (1) above that the motor vehicle is used only for motor vehicle racing and has been in a legal competitive racing event within the receding one year. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of ~~c;P~~bP~ 1998. ~, T . P.r~ , ~ ~ ~~. ~~~ a s ~. ~ s ATTEST: .- Sh~:~~ A. Padiilao Acting Ci ~~~ C1~~~k Introduced: November 4, 1998 Adopted: December 2, 1998 Effective: January 2, 1999 (11/23/98 sp)