Chapter XV, Section II - Abandoned or Inoperable Vehicles
Sec. 15-2-1 Findings of Town Board
Sec. 15-2-2 Definitions
Sec. 15-2-3 Prohibitions
Sec. 15-2-4 Temporarily disabled vehicles
Sec. 15-2-5 Business activity and screening
Sec. 15-2-6 Presumptions
Sec. 15-2-7 Administrative procedures
Sec. 15-2-8 Violation and penalty (Repealed)
Sec. 15-2-9 Removal by Town; costs
Sec. 15-2-1. Findings of Town Board.
The Town Board finds that junked, wrecked, dismantled, inoperable, discarded or abandoned vehicles in and upon real property within the Town is a matter affecting the health, safety and general welfare of the citizens of Eaton, Colorado for the following reasons:
(1) Such vehicles serve as a breeding ground for flies, mosquitoes, rats and other insects and rodents;
(2) They are a danger to persons, particularly children, because of broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or supports and because they are a ready source of fire and explosion;
(3) They encourage pilfering and theft, and constitute a blighting influence upon the area in which they are located, thereby causing a loss in property value to surrounding property;
(4) They constitute a fire hazard in that they block access for fire equipment to adjacent buildings and structures. (Ord. 337 §1, 1977)
Sec. 15-2-2. Definitions.
Inoperable means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purpose for which it was originally constructed.
Vehicle means any automobile, truck, tractor or motorcycle which, as originally built, contained an engine, regardless of whether it contains an engine at any other time. (Ord. 337 §2, 1977)
Sec. 15-2-3. Prohibitions.
Except as provided in Sections 15-2-4 and 15-2-5 below, it shall be unlawful for any person, partnership, corporation or their agent, either as owner, lessee, tenant or occupant, of any lot or land within the Town, to park, store or deposit or permit to be parked, stored or deposited thereon, an inoperable vehicle unless it is enclosed in a garage or other building. (Ord. 337 §3, 1977)
Sec. 15-2-4. Temporarily disabled vehicles.
The provisions of Section 15-2-3 above shall not apply to any person, partnership or corporation or their agent with one (1) vehicle inoperable for a period of thirty (30) consecutive days or less. (Ord. 337 §4, 1977)
Sec. 15-2-5. Business activity and screening.
The provisions of Section 15-2-3 above shall not apply to any person, firm or corporation or their agent who is 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 using the streets and sidewalks and to prohibit ready access to such vehicles by children; provided, however, that nothing in this Section shall authorize the maintenance of a public nuisance. (Ord. 337 §5, 1977)
Sec. 15-2-6. Presumptions.
Any of the following conditions shall raise the presumption that a vehicle is inoperable:
(1) Absence of an effective registration plate upon such vehicle;
(2) Placement of the vehicle or parts thereof upon jacks, blocks, chains or other supports;
(3) Absence of one (1) or more parts of the vehicle necessary for the lawful operation of the vehicle upon the streets and highways. (Ord. 337 §6, 1977)
Sec. 15-2-7. Administrative procedures.
Whenever an informal complaint is made to the Chief of Police or to any other appropriate Town official or member of the Town Board regarding an alleged violation of Section 15-2-3 above, or whenever any police officer of the Town observes an apparent violation of Section 15-2-3, a police officer may cause a written notice to be served upon the person in possession or the owner of the real property upon which such inoperable vehicle is located. Such notice shall inform such person of the violation and direct that he or she take action within ten (10) days after receipt of such notice to comply with Section 15-2-3 or that prosecution will be commenced for violation thereof. If compliance is not made as directed, prosecution proceedings against the responsible person or persons shall be commenced. (Ord. 337 §7, 1977)
Sec. 15-2-8. Violation and penalty.
(Repealed by Ord. 420 §1, 1991. See Section 1-3-1 for applicable penalty.)
Sec. 15-2-9. Removal by Town; costs.
(a) If a violation continues after notice has been given pursuant to Section 15-2-7 above, then the Chief of Police may cause such vehicle to be towed away and shall immediately notify the owner of the property, the person in possession of the property and the owner of the automobile if known, of the location of such automobile.
(b) The towing charges of said automobile shall be assessed as costs by the Court in any prosecution in which the defendant is found guilty. (Ord. 337 §9, 1977)
