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04/09/2002 Ordinances 8730 I I I ORDINANCE NO. 8730 An ordinance to amend Chapter 17 of the Grand Island City Code; to amend Sections 17-39, 17-40, 17-41, and 17-43 pertaining to Junked Vehicles; to repeal Sections 17-39, 17 -40, 17-41, and 17-43 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 17-39 of the Grand Island City Code is hereby amended to read as follows: ~17-39. Definitions The following definitions are applicable to all Code sections pertaining to junked or inoperable vehicles: (1) Junked Vehicle means any vehicle as defined in Chapter 22 of the City Code which is in storage and is inoperable or totally or partially wrecked or dismantled, or which does not display valid license plates. (2) Buildinz means a structure with four walls and a roof erected in compliance with the city building codes. (3) Storage means placement, maintenance, or keeping for any length of time in excess of seventy-two hours. (4) Wrecked means a vehicle that has been damaged to such an extent that such vehicle, if operated on the streets or highways, would be in violation of one or more state statutes, or city code sections pertaining to the condition of vehicles being operated on the alleys, streets or highways. (5) Dismantled means lacking any vehicle part, the absence of which, if such a vehicle were operated on the streets or highways, would cause such vehicle to be in violation of one or more state statutes, or city code sections pertaining to the condition of vehicles being operated on the alleys, streets or highways. (6) Inoperable means having one or more parts necessary for the operation of a vehicle either not attached to such vehicle or in non-working condition, including but not limited to a fully charged battery and all tires fully inflated. SECTION 2. Section 17-40 of the Grand Island City Code is hereby amended to read as follows: ~17-40. Junked Vehicles; Public Nuisances The storage of any junked vehicle or any vehicle parts on any tract of land within the City of Grand Island shall be deemed a public nuisance and may be abated pursuant to Section 20-15 of the Grand Island City Code upon written request by the Grand Island Police Department, or the Code Compliance Officer to the City Attorney pursuant to Section 20-15 of the Grand Island City Code. It shall be unlawful for any owner, owner's duly authorized agent or person in possession, charge or control, or the occupant of such a tract to cause, maintain, or permit such public nuisance to exist on said property, except in a manner as set forth below. Approved as to Form T CJ.<:/l-.- April 1 0, 2002 ... City Attorney I I I ORDINANCE NO. 8730 (Cont.) SECTION 3. Section 17-41 of the Grand Island City Code is hereby amended to read as follows: ~17-41. Storage of Junked Vehicles Junked vehicles and vehicle parts, whether junked, salvaged, or new, may be stored: (1) On any tract being used as a junk or auto salvage yard, which is in full compliance with all city code sections pertaining to such businesses, including zoning. (2) On any tract being lawfully used for a business activity related to junked vehicles, such as an automotive body shop, so long as the junked vehicles and parts are stored in an area that is screened from adjoining property and the public right-of-way by a sight-obscuring fence at least six feet in height, or such junked vehicles and junked parts are removed from the premises within fourteen days of becoming junked; provided, that junked vehicles being displayed for sale as whole units by a licensed automobile dealer are not subject to this screening requirement. (3) On any other tract, so long as such junked vehicles and such vehicle parts are placed within a building. SECTION 4. Section 17-43 of the Grand Island City Code is hereby amended to read as follows: ~17-43. Storage of Damaged Vehicles No automobile repair shop. body shop, or dealer may store any customer, inventory, or owned vehicles on the public right-of-way or streets, but shall be required to store such vehicles on the business premises. SECTION 5. Sections 17-39, 17-40, 17-41, and 17-43 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 6. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. - 2 - Approved as to Form 0 Apri/10, 2002 0 City A:ttorney I I I ORDINANCE NO. 8730 (Cant.) Enacted: April 9, 2002. Attest: Qf\a~ tQw~ RaNae Edwards, City Clerk - 3 - Approved as to Form 0 ~ April 10. 2002 0 City ttorney