Article 2. Junked Motor Vehicles on Private Property

8-201.        Definitions.

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

(a)   Removal means the physical relocation of a vehicle to an authorized location.

(b)   Vehicle means every device in, upon, or by which any person or property is or may be transported or drawn upon a public roadway, excepting electric personal assistive mobility devices or devices moved by human power or used exclusively upon stationary rails or tracks.

(c)   Vehicle accessories means any part or parts of any vehicle.

(d)   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.

8-202.        Nuisances unlawful; defined; exceptions.

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

(a)   A motor vehicle nuisance is any motor vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149 inclusive, as amended; or parked in violation of city ordinance; or incapable of moving under its own power; or in a junked, wrecked or inoperable condition. Any one of the following conditions shall raise the presumption that a vehicle is junked, wrecked or inoperable;

(1)   Absence of a current registration plate upon the vehicle;

(2)   Placement of the vehicle or parts thereof upon jacks, blocks, or other supports;

(3)   Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway.

(b)   It is unlawful for any person, after notification to remove any vehicle or vehicle accessories from any private property has been given, to move the same to other private property upon which such storage is prohibited or other public property for purposes of storage.

(c)   The provisions of this article shall not apply to:

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

(2)   The parking or storage of a vehicle inoperable for a period of 30 consecutive days or less; or

(3)   Any person conducting a business enterprise in compliance with existing zoning regulations or who places such vehicles behind screening of sufficient 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 the maintenance of a public nuisance.

8-203.        Motor vehicle nuisance unlawful; penalty.

As an alternative to the nuisance abatement process found in K.S.A. 12-1617e, a complaint for violation of the provisions of this article may be filed in the Clearwater Municipal Court by a Clearwater Police Officer or other person designated by the city administrator as an enforcing officer for the city. Any person who commits an unlawful act pursuant to this article shall, upon conviction thereof by the Clearwater Municipal Court, be required to pay a fine of not more than $500.00 plus court costs for each violation. Each day of noncompliance constitutes a separate offense.