Page 1 ORDINANCE NO.; _ 2053 oN AN ORDINANCE PROHIBITING THE ABANDONMENT OF VEHICLES; RESTRICTING THE DISPOSITION OR KEEPING OF WRECKED, NON-OPERATING, OR DISCARDED , VEHICLES ON STREETS, PUBLIC WAYS, OR PRIVATE PROPERTY; PROVIDING FOR IMPOUNDING OF CERTAIN VEHICLES; AND IMPOSING PENALTIES; IN THE CITY OF PRICHARD, ALABAMA; AND REPEALING ORDINANCE NUMBER 1776 ee eeeSSeSSSSSSSS WHEREAS, in the City of Prichard, Alabama, vehicles are or may in the future be abandoned in the streets and other places within the City; WHEREAS, there are or may in the future be dismantled, partially dismantled, wrecked, junked, non-operating or discarded vehicles left about the City other than in junk yards or other appropriate and approved places; WHEREAS, such conditions tend to impede traffic in the streets or interfere with the enjoyment of and reduce the value of private property; invite plundering; create fire hazards and —~ other safety and health hazards to children as well as adults; interfere with the comfort and well- being of the public; and, create, extend, and aggravate urban blight; and WHEREAS, adequate protection of the public health, safety and welfare requires that such conditions be regulated, abated, or prohibited; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PRICHARD, ALABAMA, AS FOLLOWS: Section 1. Definitions. The following definitions shall apply in the interpretation and enforcement of this Ordinance: (a) Motor 5 1 5 2 1 3 493 1689 113 25 96.209969 Vehicle shall include all of the following: © (1) Every automobile, motorcycle, mobile trailer, semitrailer, truck, truck tractor, trailer, and other device that is self-propelled or drawn, in, upon, or by which any person or Page 2 property is or may be transported or drawn upon a public highway except such as is moved by animal power or used exclusively upon stationary tails or tracks. (2) Every trailer coach and travel trailer manufactured upon a chassis or undercarriage as an integral part thereof drawn by a self-propelled vehicle. (b) Person shall mean every natural person, firm, partnership, association, corporation, or organization or entity of any kind. (c) Street shall mean the entire width between boundary lines of every publicly maintained roadway and any public right-of-way adjacent or adjoining thereto when any part thereof is open to use for public purposes or vehicular travel. (d) = Highway shall mean every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways or streets is required by law to yield the right-of-way to vehicles on such through highway in obedience to a stop sign, yield, or other official traffic-control device. (e) “Owner" shall mean a person, other than a lienholder, having the property in or title to a vehicle. The term includes a person entitled to the use and possession of a vehicle | subject to a security interest in another person, but excludes a lessee under a lease not intended as | security. Under any lease-purchase or installment sales agreement where a governmental agency, | either city, county or state, is the lessee or purchaser with a security interest or right to purchase, the lessee or purchaser shall be the owner for the purposes herein. ) Abandon, Abandoned, and Abandonment shall mean the following: (1)Any motor vehicle left unattended on a public road or highway for more than 48 hours. Page 3 (2) Any motor vehicle, not left on private property for repairs, that has remained on private or other public property for a period of more than 48 hours without the consent of the owner or lessee of the property. (3) A motor vehicle that is dismantled, partially dismantled, wrecked, junked, non-operating or discarded and left on any street, highway, alley, or other public way, other than in junk yards or other appropriate and approved places. (g) Alley shall mean a street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. (h) Public 5 1 1 4 1 3 513 796 71 31 94.872887 Way shall mean the entire width between the boundary lines of every way publicly maintained roadway when any part thereof is open to the use of the public for purposes of vehicular travel. Section 2. Abandonment of Motor Vehicles on Public Property Prohibited. (a) It shall be unlawful for any person to abandon for any length of time a motor vehicle on any street, highway, alley, or other public way of the City of Prichard or its police jurisdiction. (6) Inthe event that a motor vehicle mentioned in subsection (a) hereof is not removed by the owner or his agent within 30 days after notice, such motor vehicle may be impounded by the City of Prichard and subjected to the same treatment for disposition as provided for removal motor of vehicles abandoned on the public ways. (c) The failure, neglect or refusal of any owner so notified to properly dispose of an abandoned vehicle within ten (10) days after receipt of notice as provided for in this section shall constitute a violation of this Ordinance. Section 3, Abandonment of Motor Vehicles On Private Property of Another Prohibited. (a) It shall be unlawful for any person to abandon for any length of time a motor vehicle Page 4 on the private property of another person. Any resident of the City of Prichard or its police jurisdiction upon whose property a motor vehicle is abandoned may file a complaint with the Police Department or the Inspection Department of the City of Prichard, (b) The Inspection Department, or any employee of the City of Prichard designated by the Mayor as an enforcement officer, is hereby authorized and empowered to notify the owner or agent that such motor vehicle may be impounded by the City of Prichard and subjected to the same treatment for disposition as provided for removal of motor vehicles abandoned on the public ways, if the motor vehicle is not removed by the owner or his agent within 30 days, after delivery of said notice. Such notice may be delivered to the owner or agent by personal service by any law enforcement officer of the City of Prichard or by any employee of the City of Prichard designated by the Mayor as an enforcement officer or by certified mail to the last known address of the owner of such vehicle as it is shown on the certificate of title or records in the Office of the Alabama Department of Public Safety or the License Commissioner of Mobile County, Alabama. (c) In the event that a motor vehicle mentioned in subsection (a) hereof is not removed by the owner or his agent within the time prescribed, after notice, such motor vehicle may be impounded by the City of Prichard and subjected to the same treatment for disposition as provided for removal of motor vehicles abandoned on the public ways. (d) The failure, neglect or refusal of any owner so notified to properly dispose of an abandoned vehicle within ten (10) days after receipt of notice as provided for in this section shall constitute a violation of this Ordinance. {e) Nothing in this Ordinance shall prevent or be construed to interfere with any private‘ right or remedy of the owner of any private property to have an abandoned vehicle removed from said A. Page 5 premises without the assistance of municipal employees or the agents, servants, etc., of the City of Prichard. Section 4, Abandonment of Motor Vehicles on Private Property Prohibited. (a) It shall be unlawful for any person in charge or control of any property within the City of Prichard or its police jurisdiction, whether as owner, tenant, occupant, leasee, or otherwise, to allow any abandoned motor vehicles to remain on such property longer than ten (10) days; except that this Ordinance shall not apply with regard to vehicles 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 enterprises; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city or the police jurisdiction. (b) The failure, neglect or refusal of any owner so notified to properly dispose of an abandoned vehicle within ten (10) days after receipt of notice as provided for in this section shall constitute a violation of this Ordinance. (©) The Inspection Department, or any employee of the City of Prichard designated by the Mayor as an enforcement officer, is hereby authorized and empowered to notify the owner or agent that the failure, neglect or refusal to properly dispose of an abandoned vehicle within ten (10) days after delivery of notice shall constitute a violation of this Ordinance, punishable by a fine ofnot more than FIVE HUNDRED AND 00/100 DOLLARS ($500.00) or imprisonment for not more than six (6) months, or both and that, for each day the violation continues, the same shall be considered a separate offense which shall be punishable as such. (dq) _‘ The notice required by this section shall be deemed to be given when sent by certified mail, postage prepaid, to the address of the owner, secured party of record, and known lienholder Page 6 shown on any public filing evidencing such ownership, security interest, or lien; or, if none, to any such address ascertained by reasonable effort. Section 5. Removal of Abandoned Motor Vehicles on Public Ways. (a) Any law enforcement officer of the City of Prichard or other employee of the City designated by the Mayor as enforcement officer, who has reasonable grounds to believe that a motor vehicle has been abandoned may affix to the windshield or other prominent part of the vehicle, a TOW 5 1 1 2 4 16 1330 576 169 25 96.781143 WARNING emblem. The emblem shall be 5 by 7 inches or larger, bright orange in color, with printed words “tow warning" in bold letters at least two (2) inches high, and also state that unless the vehicle is removed before o'clock in the of the day of ; 20 , the vehicle will be impounded and taken to , and after Thirty (30) days it will be sold to recover the costs of removal, storage, and sale. The emblem shall be self-adhesive and the blanks above stated shall be completely filled in with permanent dark ink indicating the-required details. The time set for removal shall be at least Five days (5) after the emblem is affixed. After the time set for removal has expired, any designated City employee or officer shall cause the motor vehicle to be removed to the depository maintained, or designated, by the City for the purpose of storing such motor vehicles. (b) Inthe event a motor vehicle, on any street, highway, alley, or other public way of the City of Prichard or its police jurisdiction is illegally parked or is abandoned, a tow warning emblem need not be affixed, and the vehicle may be immediately impounded. (c) Upon arrival at the depository, the vehicle shall be impounded and its contents inventoried. (d) The Police Department shall within five (5) days after a motor vehicle is impounded notify the Secretary of the Alabama Law Enforcement Agency of the impoundment of the motor Page 7 o~ vehicles and such notification shall include such information as is available that will enable the Department of Motor Vehicles to identify the registered owner of the vehicle, including but not limited to a complete description of the motor vehicle identification number and license number thereof, provided the information is available. Section 6. Notification of Owner and Claiming of Vehicles. (a) Within ten (10) days after the impoundment of a motor vehicle pursuant to the provisions of this Ordinance, the Police Department shall give written notice to the Owner, secured parties of record, and known lienholders, if any, at least 30 days prior to the date of the sale of the motor vehicle advising of (1) the complete description of the vehicle and the date and place the vehicle was found or taken into possession, (2) he approximate amount owed for the cost of repair, towing and storage, (3) the location of storage of he vehicle, (4) the time and place that a sale of the vehicle will be held, (5) the right of the owner, secured parties or lienholders to contest the right to sell such vehicle by the filing within 10 days before the date of the sale of the vehicle of an application for hearing to be conducted before the judge of the circuit court of the county in which the sale is to be held. The notice required by this section shall be deemed to be given when sent by certified mail, postage prepaid, to the address of the owner, secured party of record, and known lienholder shown on any public filing evidencing such ownership, security interest, or lien; or, if none, to any such address ascertained by reasonable effort. . (b) If the name and address of the owner, secured parties or lienholders of the vehicle are unknown or cannot be reasonably ascertained, then the notice required herein shall be given by publication once a week for two successive weeks in a newspaper of general circulation in the county in which the sale is to be held. The first publication shall be at least 30 days before the date of sale. -7- Page 8 yon (c) The registered owner, or other person who can prove he is entitled to possession of a motor vehicle impounded pursuant to the provisions of this Ordinance, may claim the motor vehicle within thirty (30) days of the date of impoundment by presenting himself at the depository and by paying a fee determined by the Chief of Police to reimburse the City for the reasonable and necessary costs of removing and storing the motor vehicle. (d) In addition to the requirements above, the owner or agent shall be entitled to claim said abandoned motor vehicle only after all of the following conditions have been fulfilled: (1) Ifthe motor vehicle was towed by an entity other than the City: @ The owner of the motor vehicle shall first satisfy any fines assessed in accordance with this Ordinance; then (ii) The owner shall pay.to the City, an inventory fee of $25.00, and a storage fee of $25.00 per day, after the first twenty-four (24) hours; then (iii) The owner of the motor vehicle shall present the City with a receipt certifying that all expenses associated with the tow of the vehicle have been paid. . (2) Ifthe motor vehicle was towed by the City: (i) The owner of the motor vehicle shall first satisfy any fines assessed in accordance with this Ordinance; then (ii) The owner shall pay to the City, a storage fee of $125.00, an inventory fee of $25.00, and a storage fee of $25.00 per day, after the first twenty- four (24) hours. Page 9 (e) For the purposes herein, proof of ownership or entitlement to possession may be satisfied, if the owner, or person asserting his/her right to possession, presents valid and non- expired photographic identification, such as an Alabama identification card, an Alabama driver license, a resident alien card, a valid foreign passport with valid U.S. immigration document, a US. state-issued driver license or non-driver ID card, a U.S. military ID card; or any other form of identification which may be approved from time to time by the City’s legal department; the vehicle title bearing the Owner or claimant’s name thereon; proof of insurance on the motor vehicle. However, if a vehicle is dismantled, partially dismantled, wrecked, junked, or inoperable such to the point that the motor vehicle cannot leave the depository under its own power, proof of insurance may not be required. Section 7. Disposal of Unclaimed Motor Vehicles. (a) Ifa motor vehicle remains unclaimed after notice is given, pursuant to Section Six (6), the motor vehicle shall be sold at a public auction, in a manner consistent with Alabama Code § 11-47-116. (b) The proceeds of the sale shall be applied first to the expenses of the sale, and to the costs of removal and storage as determined pursuant to Section Six (6). Any remaining proceeds from the sale shall be held by the Chief of Police for six (6) months after the date of the sale and shall be turned over to the person who can prove he held the title to the motor vehicle upon the demand of such person. If at the end of the six (6) month-period no person has claimed the proceeds of the sale, the proceeds shall be turned over to the City Treasurer for deposit in the General Fund of the City. Section 8. Penalty. In addition to other provisions in this Ordinance, any_person abandoning a motor vehicle in violation of the provisions of the Ordinance, shall be guilty of a musdemeanor and upon conviction shall be fined not more than FIVE HUNDRED AND 00/100 Page 10 am DOLLARS ($500.00) or imprisoned for not more than six (6) months, or both. Each day that a violation continues shall constitute a separate offense which shall be punished as such. Section 10. Ordinance 1776 Repealed. Ordinance Number 1776 is hereby repealed. Section 11. Severability. If any article, section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by declaration of any court of competent jurisdiction, such declaration shall not affect the validity of remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each article, section, sentence, clause, or phrase thereof irrespective of the fact that one or more articles, sections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 12. Effect of Ordinance. This Ordinance shall be in full force and effect from and after its adoption and publication as required by law. This Ordinance applies to property within the city limits and police jurisdiction of the City of Prichard and shall be in full force and effect therein. ADOPTED this the )"1__ day of Ai 017 7) fee DERRIG&. GRIFFIN, Codncil President APPROVED this the o) day otlul a4 , 2017 RDNER, Mayor ATTEST: KIM GREEN; Acting City Clerk -10-