South Dakota

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TITLE XVI

ABANDONED, DERELICT AND JUNK MOTOR VEHICLES AND SCRAP METALS

Chapter 16.02     Abandoned, Junked, Dismantled, or Inoperative Motor Vehicles

16.0201     Declaration of Public Interest in Disposal

Abandoned, inoperable or junked motor vehicles and parts thereof constitute a hazard to the health and welfare of the people of the city in that such vehicles and parts thereof can harbor noxious diseases, furnish shelter and breeding places for vermin and present physical danger to the safety and well-being of children and other citizens. Abandoned, inoperable or junked motor vehicles and parts thereof also constitute a blight on the landscape of the city and, therefore, are a detriment to the environment. The indiscriminate abandonment and retirement of motor vehicles and parts thereof constitutes a waste of valuable sources of useful metal.  It is therefore in the public interest that the present accumulation of abandoned, inoperable or junked motor vehicles and parts thereof be eliminated; that future abandonment or junking of motor vehicles and parts thereof be discouraged; that the expansion of existing scrap recycling facilities be developed; and that other acceptable and economically useful methods for the disposal of abandoned, inoperable or junked motor vehicles and parts thereof be developed.

16.0202     Definitions

“Abandoned motor vehicle” means any motor vehicle that is left unattended on any public street, alley, public place or parking lot within the city longer than forty-eight (48) hours without notifying the City of Scotland or the Scotland Police department and making arrangements for the parking of such motor vehicle on public property, or that is in an inoperable or unusable condition, or that is not currently licensed and is left on private property for more than ten (10) days. 

“City” means the City of Scotland.

“Inoperable vehicle” means any motor vehicle, as herein defined, which has not physically moved twenty-five feet in a two-month period or which is not in operating condition due to damage or the removal or inoperability of one or more tires and wheels, damage or removal or inoperability of the engine or other essential parts required for operation of the vehicle, or which does not have lawfully affixed thereto a valid state license plate, or which constitutes an immediate health, safety, fire or traffic hazard.

“Junked motor vehicle” means any motor vehicle the condition of which is substantially wrecked, dismantled, inoperative, unlicensed or in need of repairs exceeding or equaling 50 percent of the fair market value of the vehicle, or discarded. 

“Motor vehicle” means any vehicle which is designed to travel along, or on the ground or water and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, campers, trailers, boats and farm equipment.

“Person” means any person, firm, partnership, association, corporation, company or organization of any kind.

“Private property” means any real property within the city, which is privately owned, and which is not public property as defined in this section.

“Public property” means any street, alley or highway, or boulevard which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and also means any other publicly owned property or facility.

16.0203     Storing, Parking or Leaving Dismantled or Other Such Motor Vehicles Prohibited and Declared Nuisance

No person shall park, store or leave, or permit the parking, storing or leaving of any motor vehicle that is abandoned, inoperable or junked as defined in this article, whether attended or not, upon any public property within the city for a period of time longer than forty-eight (48) hours or on any private property for a period of time longer than ten (10) days. The presence of an abandoned, inoperable or junked motor vehicle or parts thereof on private or public property is prohibited and hereby declared a public nuisance, which may be abated as such in accordance with the provisions of this ordinance. This section shall not apply to any motor vehicle that is:


     1)  Totally enclosed within a building, or behind a solid fenced or screened enclosure approved by the city, the

          same being no less than eight (8) feet high on private property or leased public property; or

     2)  On the premises of a business enterprise lawfully licensed by the State of South Dakota for sales, use, or

          excise tax purposes and properly operated in the appropriate business zone, pursuant to the zoning laws of

          the city, if any, and stored within a building, or behind a solid fenced or screened enclosure approved by the

          city, the same being no less than eight (8) feet high; or,

     3)  In an appropriate storage place or depository maintained in a lawful place and manner by the city; or

     4)  Designed for operation on a drag strip or raceway provided that such vehicle is properly stored during non-

          racing seasons.

16.0204     Responsibility for Removal

The owner of the abandoned, inoperable or junked motor vehicle or the parts thereof and the owner or occupant of the private property on which the abandoned, inoperable or junked motor vehicle or the parts thereof are located shall be responsible for its removal.

16.0205     Enforcement

Administrative proceedings:


     a)  If a nuisance exists, a notice of violation shall be issued to the offender, to the concerned property owner

          and to the person in possession of the property whereon the offense was committed, directing abatement.


     b)  Notice may be served upon the offender, the concerned property owner and the person in possession of the

          property whereon the offense was committed by personal service, by registered mail, or by posting notice 

          in a conspicuous place within the City limits of the City of Scotland, South Dakota, and by publication for a

          period of one week in the legal newspaper of the City of Scotland.


     c)  Within 7 days after completion of the notice hereinabove mentioned in sub-paragraph b, an appeal may be

          filed by the offender, the concerned property owner or the person in possession of the property whereon the

          offense was committed with the City Council.  Within 25 days after filing, appeal shall be heard before the

          City Council.  All persons who fail to protest shall be deemed to have waived all objections.


     d)  Abatement shall be accomplished within 7 days after notification of the decision of the City Council, unless

          the offender, concerned property owner or the person in possession of the property whereon the offense

          was committed can show cause why more time is needed.  Notification of the City Council shall be mailed by

          registered or certified mail.


     e)  If the abatement is not completed within the time hereinabove mentioned in sub-paragraph d, the City shall

          abate the nuisance and file an account with the City Council, which account shall specify the sum expended

          in abating said nuisance.


     f)   At least seven (7) days after filing of the account hereinabove mentioned in sub-paragraph e, the City

          Council shall hold a hearing.  Notice announcing the time of the City Council meeting shall be mailed by

          registered or certified mail to the concerned property owner, to the person in possession and to the offender

          at least seven (7) days prior to said hearing.


     g)  The City Council shall hear the matter and if the account is accepted, the amount thereof shall become a

          lien upon the motor vehicle removed under the provisions of this Ordinance and upon the real property

          whereon the offense was committed.

16.0206     Penalties; Prohibition Not Stayed By Notice Requirements

Any person violating any provision of Chapter 16.02, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than fifty ($50.00) dollars nor more than five hundred ($500.00) dollars.  Each day that any such person shall violate any of the provisions of this ordinance shall constitute a separate offense and be punishable as such.  A violation of this Ordinance is not stayed by or conditioned on the notice requirements.