City of Mapleton ORDINANCE NO. 481 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MAPLETON, IOWA BY AMENDING CHAPTER 51 RELATED TO JUNK AND JUNK VEHICLES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MAPLETON, IOWA: SECTION 1. CHAPTER AMENDED. Chapter 51 of the Code of Ordinances of the City of Mapleton, Iowa is hereby repealed in its entirety and replaced to read as follows: 51.01 DEFINITIONS. For use in this chapter, the following terms are defined: “Junk” includes but is not limited to all old or scrap copper, brass, lead, or any other non-ferrous metal; old or discarded rope, rags, batteries, paper, trash, rubber, debris, waste or used lumber, or salvaged wood; tires, dismantled vehicles, machinery and appliances or parts of such vehicles; iron, steel or other old or scrap ferrous materials; old or discarded glass, tinware, plastic or old or discarded household goods or hardware. Neatly stacked firewood located on a side yard or a rear yard is not considered junk. 2. “Junk vehicle” means any vehicle that has any of the following characteristics: Any vehicle that does not display required, current state or local registration. Any vehicle that is incapable of being operated on a public street due to mechanical or physical condition, such as missing or inoperable components including, but not limited to, tires, wheels, body parts, or legally required exhaust systems. Any vehicle that appears inoperable due to the presence of weeds, grass, volunteer trees that are in violation of Chapter 147.01.in the area immediately surrounding the vehicle. Any vehicle that appears inoperable due to remaining in the same location and position for thirty (30) days or more. Any vehicle that is the habitat of rodents, snakes, feral cats, insects, vermin, or other wild or nuisance animals. Any vehicle that contains garbage, debris, combustibles, refuse, junk, or other similar materials. 3. “Vehicle” means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, except devices moved by human power or used exclusively upon stationary rails or tracks, and includes without limitation a motor vehicle, automobile, truck, motorcycle, tractor, buggy, wagon, farm machinery, trailers, Recreational Vehicles (RVs), All-Terrain Vehicles (ATVs), boats, and construction equipment, or any combination thereof. 4. “Hobby vehicle” means an unlicensed motor vehicle, including but not limited to fully operational dragsters, stock cars, dune buggies, go-carts, or competition pulling trucks or farm tractors. For the purpose of this chapter, golf carts, boat trailers, common utility trailers, camping trailers or snowmobile trailers are not considered hobby vehicles. 51.02 JUNK AND JUNK VEHICLES PROHIBITED. It is unlawful for any person to store, accumulate, or allow to remain on any public or private property within the corporate limits of the City any junk or junk vehicle. 51.03 JUNK AND JUNK VEHICLES A NUISANCE. It is hereby declared that any junk or junk vehicle located upon private property, except as otherwise provided by this chapter, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. 51.04 RESPONSIBILITY OF OWNERS. The owner of any junk vehicle is prima facie responsible for the storing of such vehicle on public or private property in violation of this article. Any owner, occupant or person in possession of real property within the city upon which one or more junk vehicles or junk are found is prima facie responsible for permitting such storage or accumulation in violation of this article. No person shall be charged with more than one violation of this article for any one junk vehicle. The owner of junk vehicle and the owner of real estate upon which such junk vehicle or junk are found may both be charged. 51.05 NOTICE TO ABATE. Upon discovery of any junk or junk vehicle located upon private property, any officer or agent of the City having authority or responsibility for enforcement of this Code may initiate abatement procedures as outlined in Chapter 50 of this Code of Ordinances. 51.06 ABATEMENT OF JUNK VEHICLES. Any junk vehicle abated pursuant to this Code of Ordinances shall be towed to a place of safekeeping, and the cost of the towing and storage shall be charged to the owner of the vehicle, or to the owner of the property upon which the vehicle was stored. 51.07 EXCEPTIONS. The provisions of this chapter do not apply to vehicles stored, parked, or located: Within a garage or other fully enclosed building. On the premises of a business enterprise, operated in a lawful place and manner, when necessary to the operation of such business enterprise, for a period of time not to exceed 90 days. Such business enterprise shall include junk yards, auto or truck repair shops or body shops, and licensed or franchised motor vehicle dealers, but shall not include auto or truck service stations or tire, battery, and accessory sales stores. Snow removal or lawn care equipment which is both (a) fully operational, and (b) stored in a manner which would not constitute a nuisance as defined in Chapter 50 of this Code. No more than one Hobby vehicle. 51.08 VIOLATION. This chapter does not preclude the issuance of a municipal infraction citation as contained in Section 3.01 of this Code of Ordinances. The owner of a junk vehicle and/or owner, occupant, or person in possession of real property containing junk or a junk vehicle may be charged with a separate violation each day for the same junk or junk vehicle. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 3. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof, not adjudged invalid or unconstitutional. SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. ***** Councilperson Benita Uhl moved to consider for the first read the foregoing proposed ordinance. Councilperson Joe Hogan seconded the motion to consider the ordinance on the first reading, and upon roll being called, the vote was: Ayes: Benita Uhl, Joe Hogan, Angie Sass Nayes: None Absent: Dian Bleil, Abby Koenigs ***** Councilperson Benita Uhl moved to consider waiving the second and third reading and approval final adoption of the proposed ordinance. Councilperson Joe Hogan seconded the motion and upon roll being called, the vote was: Ayes: Angie Sass, Joe Hogan, Benita Uhl_ Nayes: None Absent: Dian Bleil, Abby Koenigs WHEREUPON, the Mayor declared the foregoing ordinance to be adopted and enacted on its third and final reading on September 13, 2023. Brent Streck, Mayor ATTEST: Karla Uhl, City Clerk ***** I certify that the foregoing was published as Ordinance No. 481 on the 21st day of September, 2023. City Clerk MP9-21-23
