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Lake Wales (Current through Ordinance 2023-17, Adopted 7-05-2023) |
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Code of Ordinances |
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Chapter 12. Health, Sanitation, Nuisances, And Minimum Property Maintenance Standards |
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Article II. Nuisances |
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Division 4. Motor Vehicles or Vessels |
| § 12-71. Motor Vehicle(s), or Vessel(s). |
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Effective on Tuesday, June 21, 2016
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Except as provided for in other regulations, The presence of an unlicensed, abandoned, wrecked, dismantled, derelict or inoperative vehicle(s) or vessel(s), on any private or public property, is declared to constitute a public nuisance that shall be abated as such in accordance with the provisions of section 12-72. The tearing down, stripping or junking of such vehicle(s) or vessel(s) shall be permitted only where and when such use is specifically authorized, permitted, or licensed under other ordinances of the city and in strict accordance therewith; or which use is conducted entirely within the confines of an accessory building, carport, or garage, then only provided that such vehicle(s) or vessel(s) is the property of the owner or occupier of the lot and that such use is not a commercial use of the property, unless such use is authorized by other ordinances of the city. Derelict Vehicle(s) or Vessel(s). A vehicle or vessel, or parts thereof, shall be deemed to be "derelict" if the vehicle(s) or vessel(s) is: 1) Inoperable to the extent that it is unable to perform its original intended function or; 2) Partially or wholly dismantled or; 3) In a condition that prevents legal operation or; 4) Junked or intended to be recycled, scrapped, or; 5) Unlicensed This section defining derelict and abandon vehicle(s) or vessel(s) shall not apply to the following: 1) A vehicle(s) or vessel(s)that is enclosed in a secure building; 2) A vehicle(s) or vessel(s) on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of the business enterprise as determined by the Lake Wales Code of Ordinances; 3) A vehicle(s) or vessel(s) in an appropriate storage or depository facility maintained in a lawful place and manner by a governmental agency; 4) An antique motor vehicle as defined in F.S. 320.086 which is licensed as provided by law. 5) A vehicle(s) or vessel(s) which is covered by an intact custom vehicle or vessel cover made for the specific type and size of vehicle or vessel which it covers. a) In no instance shall a person have more than one (1) custom covered vehicle or vessel on his or her residential property or two (2) custom covered vehicles, vessels, or combination thereof on his or her non residential property b) No custom covered vehicle(s) or vessel(s) may be stored on public property or right-of-way. 6) A race car that is currently actively engaged in racing and equipped for racing with roll cage, windows removed, drivers name, sponsors and number displayed. Demolition race cars shall be considered derelict vehicles two weeks after the demolition race. 7) An automobile repair shop may only have derelict vehicles on the premises for the time necessary under agreement for repair with business customers; automobile dealers may not have derelict vehicles on the premises for resale. |
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(Ord. No. 2016-08, § 2, 06-21-16) |
| § 12-72. Disposition & Impoundment of vehicle(s) or vessel(s): |
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Effective on Tuesday, June 21, 2016
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a) PRIVATE PROPERTY: No person in charge of any private property within the city shall allow any unlicensed, abandoned, wrecked, dismantled, derelict, inoperative vehicle(s), or vessel(s) to remain on any private property for a period longer than ten(10) days. This shall not apply to any vehicle(s) or vessel(s) in an enclosed building, a carport, or any vehicle allowed under § 12-71 Motor Vehicle(s), or Vessel(s). b) PUBLIC PROPERTY: No person shall allow any unlicensed, abandoned, wrecked dismantled, derelict, inoperative vehicle(s), or vessel(s) to remain on any public property for a period longer than five (5)days. This shall not apply to any vehicle in an enclosed building, a carport, or on a commercial property operated in a lawful manner for vehicle repair or restoration. c) If the vehicle(s) or vessel(s) is not removed in accordance with notice set forth in this chapter, the City Manager or his designee may cause the vehicle(s) or vessel(s) to be removed. If the vehicle(s) or vessel(s) is three(3) years and older then it shall be retained for a period of forty five (45) days, If the vehicle(s) or vessel(s) is three(3) years and newer then it shall be retained for a period of sixty (60) days. The vehicle(s) or vessel(s) owner may have vehicle released upon proof of ownership by title, registration or bill of sale and paying all towing and storage fees to the private contractor. If the vehicle or vessel is unclaimed after 45 (#) days the private contractor may dispose of the vehicle or vessel in any manner permitted by law. |
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(Ord. No. 2016-08, § 2, 06-21-16) |
| §§ 12-73 through 12-150. Reserved |