Modesto |
Code of Ordinances |
Title 4. PUBLIC WELFARE, SAFETY AND HEALTH |
Chapter 7. MISCELLANEOUS REGULATIONS |
Article 19. Abandonment of Motor Vehicles |
§ 4-7.1902. Definitions.
(a)
Abandoned vehicle includes the following:
(1)
Public nuisance vehicle: Any vehicle, or parts thereof, that is abandoned, wrecked, dismantled, partially dismantled, or inoperative, that is left on public or private property, not including highways, and that creates a deteriorating environmental condition, reduces the value of private property, promotes deterioration of a business district or neighborhood, invites plundering, creates fire hazards, constitutes an attractive nuisance endangering the health and safety of minors, harbors rodents and insects or jeopardizes health, safety and general welfare.
(2)
Abandoned vehicle: A vehicle is abandoned if it is left on public property, not including highways, or on private property in such inoperable and neglected condition that the owner's intention to relinquish his right to possession or all further rights or interests in it may be reasonably concluded.
(b)
Dismantled vehicle: Any vehicle that is partially or wholly disassembled, or in pieces, and is disabled by such condition.
(c)
Hearing officer: The City Manager or his/her designee.
(d)
Highway: A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.
(e)
Inoperative vehicle: Any vehicle that is:
(1)
Mechanically incapable of being driven because it is missing any part essential for movement or such essential parts are broken or defective; or
(2)
Prohibited from being operated on a public street or highway pursuant to Vehicle Code Sections 4000, 5202, 24002, or 40001, concerning license plates, registration, equipment, safety and related matters except where the owner has filed a Certificate of Nonoperation as required by Vehicle Code Section 4604.
(f)
Owner of the land: The owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
(g)
Owner of the vehicle: The last registered owner and legal owner of record.
(h)
Public property: Does not include "highway."
(i)
Vehicle: A device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
(j)
Wrecked vehicle: A wrecked vehicle is one which is destroyed, disabled, seriously damaged, crashed or ruined to such an extent that it cannot operate under its own power upon the highway without significant repairs. A vehicle which has been wrecked in a traffic accident, and which has been removed from the roadway to a storage facility, but which has not been claimed by its owner, will not be considered an abandoned vehicle.
(Added by Ord. 3077-C.S., § 1, effective 2-26-98)