City Code (cont.)
__________
*Charter
references: Taxation
and finance, ch. 7.
Cross
references: Administration,
ch. 2.
State
law references: Taxation,
M.S.A. chs. 270--299.
__________
Secs. 58-1--58-25.
Reserved.
__________
*Cross reference(s)--Businesses,
ch. 22.
__________
The following words,
terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different
meaning:
Director
means the city director of finance.
Lodger
means the person obtaining lodging from an operator.
Lodging
means the furnishing for a consideration of lodging by a hotel, motel or
roominghouse, except where such lodging shall be for a continuous period of 30
days or more to the same lodger. The furnishing of rooms by religious,
educational or nonprofit organizations shall constitute lodging for purposes of
this article.
Operator
means a person who provides lodging to others or any officer, agent or employee
of such person.
Person
means any individual, corporation, partnership, association, estate, receiver,
trustee, executor, administrator, assignee, syndicate or any other combination
or individuals. Whenever the term "person" is used in any provision of
this article prescribing and imposing a penalty, the term as applied to a
corporation, association or partnership shall mean the officers or partners
thereof, as the case may be.
Rent
means the total consideration valued in money charged for lodging, whether paid
in money or otherwise, but does not include any charges for services rendered in
connection with furnishing lodging other than the room charge itself.
(Ord. No. 437, 2d,
§ 1 (6.45, subd. 4(A)), 11-13-95)
Cross reference(s)--Definitions
generally, § 1-2.
There is imposed a tax
of three percent on the rent charged by an operator for providing lodging to any
person after January 1, 1996. The tax shall be stated and charged separately and
shall be collected by the operator from the lodger. The tax collected by the
operator shall be a debt owed by the operator to the city and shall be
extinguished only by payment to the city. In no case shall the tax imposed by
this section upon an operator exceed the amount of tax which the operator is
authorized and required by this article to collect from a lodger.
(Ord. No. 437, 2d,
§ 1 (6.45, subd. 4(B)), 11-13-95)
The director shall
administer and enforce the assessment and collection of the taxes imposed by
this article. The director shall cause to be prepared blank forms for the
returns and other documents required by this article and shall distribute the
forms and documents throughout the city and furnish them on application, but
failure to receive or secure them shall not relieve any person from any
obligation required of him under this article.
(Ord. No. 437, 2d,
§ 1 (6.45, subd. 4(I)), 11-13-95)
(a)
No tax required under this article shall be imposed on rent paid by a
lodger at any hotel, motel or roominghouse where 50 percent or more of the rent
received from all lodgers is for lodging furnished for a continuous period of 30
days or more to the same lodger.
(b)
No tax shall be imposed on rent for lodging paid by any officer or
employee of a foreign government who is exempt because of express provisions of
federal law or international treaty.
(c)
An exemption shall be granted to any person as to whom or whose occupancy
it is beyond the power of the city to tax. No exemption shall be granted except
upon a claim therefor made at the time the rent is collected, and such a claim
shall be made in writing and under penalty of perjury on forms provided by the
city. All such claims shall be forwarded to the city when the returns and
collections are submitted as required by this article.
(Ord. No. 437, 2d,
§ 1 (6.45, subd. 4(D)(1)--(3)), 11-13-95)
The director and those
persons acting on behalf of the director authorized in writing by the director
may examine the books, papers and records of any operator in order to verify the
accuracy of any return made, or if no return was made, to ascertain the tax as
provided in this article. Every such operator is directed and required to give
to the director or to this duly authorized agent or employee the means,
facilities and opportunity for such examinations and investigations as are
authorized in this section.
(Ord. No. 437, 2d,
§ 1 (6.45, subd. 4(J)), 11-13-95)
The city manager is
authorized to confer with the state commissioner of taxation to the end that an
agreement between the city and the commissioner of taxation may be entered into
for the purpose of providing for the administration and collection of the taxes
imposed by this article. Such an agreement shall not become effective until
presented to the council for its approval, and when so approved the tax imposed
by this article shall be collected and administered pursuant to the terms of the
agreement.
(Ord. No. 437, 2d,
§ 1 (6.45, subd. 4(K)), 11-13-95)
Any person who shall
willfully fail to make a return required by this article or who shall fail to
pay the tax after written demand for payment or who shall fail to remit the
taxes collected or any penalty or interest imposed by this article after written
demand for such payment or who shall refuse to permit the director or any duly
authorized agents or employees to examine the books, records and papers under
his control or who shall willfully make any incomplete, false or fraudulent
return shall be guilty of a misdemeanor.
(Ord. No. 437, 2d,
§ 1 (6.45, subd. 4(L)), 11-13-95)
(a)
If any tax imposed by this article is not paid within the time specified
for the payment or an extension thereof, there shall be added thereto a specific
penalty equal to ten percent of the amount remaining unpaid.
(b)
For any failure to make and file a return within the time prescribed by
this article, unless it is shown that such failure is not due to willful
neglect, there shall be added to the tax, in addition to the ten-percent
specific penalty provided in subsection (a) of this section, ten percent if the
failure is for not more than 30 days with an additional five percent for each
additional 30 days or fraction thereof during which such failure continues, not
exceeding 25 percent in the aggregate. If the penalty as computed does not
exceed $10.00, a minimum penalty of $10.00 shall be assessed. The amount so
added to any tax shall be collected at the same time and the same manner and as
a part of the tax unless the tax has been paid before the discovery of the
negligence, in which case the amount so added shall be collected in the same
manner as the tax.
(c)
If any person willfully fails to file any return or make any payment
required by this article or willfully files a false or fraudulent return or
willfully attempts in any manner to evade or defeat any such a tax or payment
thereof, there shall also be imposed as a penalty an amount equal to 50 percent
of any tax, less any amounts paid on the basis of such false or fraudulent
return, found due for the period to which such return is related. The penalty
imposed by this section shall be collected as part of the tax, and shall be in
addition to any other penalties provided by this article.
(d)
All payments received shall be credited first to penalties, next to
interest, and then to the tax due.
(e)
The amount of tax not timely paid, together with any penalty provided by
this section, shall bear interest at the rate of eight percent per annum from
the time such tax should have been paid until paid. Any interest and penalty
shall be added to the tax and shall be collected as part thereof.
(f)
All past-due amounts at the time of any license renewal for the
establishment must be paid in full prior to renewal of any such licenses.
(Ord. No. 437, 2d,
§ 1 (6.45, subd. 4(H)), 11-13-95)
Each operator shall
collect the tax imposed by this article at the time the rent is paid. The tax
collection shall be deemed to be held in trust by the operator for the city. The
amount of tax shall be separately stated from the rent charged for the lodging,
and those persons paying the tax shall receive a receipt of payment from the
operator.
(Ord. No. 437, 2d,
§ 1 (6.45, subd. 4(C)), 11-13-95)
(a)
The tax imposed by this article shall be paid by the operator to the city
on a monthly basis for facilities with 11 or more rooms and on a quarterly basis
for facilities with less then ten rooms not later than 25 days after the end of
the month in which the taxes were collected. At the time of payment the operator
shall submit a return upon such forms and containing such information as the
director may require. The return shall contain the following minimum
information:
(1)
The total amount of rent collected for lodging during the period covered
by the return.
(2)
The amount of tax required to be collected and due for the period.
(3)
The signature of the person filing the return or that of his agent duly
authorized in writing.
(4)
The period covered by the return.
(5)
The amount of uncollectible rental charged subject to the lodging tax.
(b)
The operator may offset against the taxes payable, with respect to any
reporting period, the amount of taxes imposed by the article previously paid as
a result of any transaction, the consideration for which became uncollectible
during such reporting period, but only in proportion to the portion of such
consideration which became uncollectible.
(c)
Any lodger may dispute or protest the amount of tax determined in
accordance with this article by paying the tax due and submitting to the city
with the tax an objection/protest tax form. The city shall provide a form for
such objections, and the form shall be available from all operators. All
operators are required to submit such completed forms with the monthly payment
of the tax. A hearing on the objection/protest shall be held within 30 days of
the receipt of the form by the city. All such hearings shall be held at 221 E.
Clark Street at 9:00 a.m. on the fourth Monday of each month unless the date is
a legal holiday, in which case the hearing shall be held on the following day at
the same time and place. The lodger will not receive a separate notice of the
date, time and place of the hearing, since the form itself will contain a copy
of this section. Failure of the lodger to appear at the next hearing immediately
following the filing of the objection/protest shall result in a waiver of the
objection/protest. At the hearing the lodger may present his basis for the
objection or protest to the tax, and the city shall either reject the
objection/protest or waive the tax.
(Ord. No. 437, 2d,
§ 1 (6.45, subd. 4(D)(5)), 11-13-95)
Under this article, the
director shall, after a return is filed, examine the return and make any
investigation or examination of the records and accounts of the person making
the return deemed necessary for determining its correctness. The tax computed on
the basis of such examination shall be the tax to be paid. If the tax due is
found to be greater than that paid, such excess shall be paid to the city within
ten days after receipt of a notice thereof given either personally or sent by
registered mail to the address shown on the return. If the tax paid is greater
than the tax found to be due, the excess shall be refunded to the person who
paid the tax to the city within ten days after determination of such refund.
(Ord. No. 437, 2d,
§ 1 (6.45, subd. 4(E)), 11-13-95)
Under this article, any
person may apply to the director for a refund of taxes paid for a prescribed
period in excess of the amount legally due for that period, provided that no
application for refund shall be considered unless filed within one year after
such tax was paid or within one year from the filing of the return, whichever
period is the longer. The director shall examine the claim and make and file
written findings thereon denying or allowing the claim in whole or in part and
shall mail a notice thereof by registered mail to such person at the address
stated upon the return. If such claim is allowed in whole or in part, the
director shall credit the amount of the allowance against any taxes due under
this article from the claimant, and the balance of the allowance, if any, shall
be paid by the director to the claimant.
(Ord. No. 437, 2d,
§ 1 (6.45, subd. 4(F)), 11-13-95)
(a)
If any operator required by this article to file a return shall fail to
do so within the time prescribed or shall willfully or otherwise make an
incorrect, false or fraudulent return, the operator shall, upon written notice
and demand, file such return or corrected return with five days of receipt of
such written notice and shall at the same time pay any tax due on the basis
thereof. If such person shall fail to file such return or corrected return, the
director shall make a return or corrected return for such person from such
knowledge and information as the director can obtain and assess a tax on the
basis thereof, which tax, less any payments theretofore made on account of the
tax for the taxable period covered by such return, shall be paid upon within
five days of the receipt of written notice and demand for such payment. Any such
return or assessment made by the director shall be prima facie correct and
valid, and such person shall have the burden of establishing its incorrectness
or invalidity in any action or proceeding in respect thereto.
(b)
If any portion of a tax imposed by this article and penalties thereon is
not paid within 30 days after it is required to be paid, the city attorney may
institute such legal action as may be necessary to recover the amount due plus
interest, penalties, the costs and disbursements of any action.
(c)
Upon a showing of good cause, the director may grant an operator one
30-day extension of time within which to file a return and make payment of taxes
as required by this article, provided that interest during such period of
extension shall be added to the taxes due at the rate of ten percent per annum.
(Ord. No. 437, 2d,
§ 1 (6.45, subd. 4(G)), 11-13-95)
The 95-percent proceeds
obtained from the collection of taxes pursuant to this article shall be used in
accordance with M.S.A. § 469.190, as amended, to fund a local convention or
tourism bureau for the purpose of marketing and promoting the city as a tourist
or convention center.
(Ord. No. 437, 2d,
§ 1 (6.45, subd. 4(M)), 11-13-95)
(a)
Any operator aggrieved by any notice, order or determination made by the
director under this article may file a petition for review of such notice, order
or determination detailing the operator's reasons for contesting the notice,
order or determination. The petition shall contain the name of the petitioner,
the petitioner's address and the location of the lodging subject to the order,
notice or determination.
(b)
The petition for review shall be filed with the city clerk within ten
days after the notice, order or determination for which review is sought has
been mailed or served upon the person requesting review.
(c)
Upon receipt of the petition, the city manager or his designee shall set
a date for a hearing and give the petitioner at least five day's prior written
notice of the date, time and place of the hearing.
(d)
At the hearing, the petitioner shall be given an opportunity to show
cause why the notice, order or determination should be modified or withdrawn.
The petitioner may be represented by counsel of the petitioner's choosing at the
petitioner's own expense.
(e)
The hearing shall be conducted by the city manager or his designee,
provided only that the person conducting the hearing shall not have participated
in the drafting of the order, notice or determination for which review is
sought.
(f)
The person conducting the hearing shall make written findings of fact and
conclusions based upon the applicable sections of this article and the evidence
presented. The person conducting the hearing may affirm, reverse or modify the
notice, order or determination made by the director.
(g)
Any decision rendered by the city manager pursuant to this section may be
appealed to the city council. A petitioner seeking to appeal a decision must
file a written notice of appeal with the city clerk within ten days after the
decision has been mailed to the petitioner. The matter will thereupon be placed
on the council agenda as soon as is practical. The council shall then review the
findings of fact and conclusions to determine whether they were correct. Upon a
determination by the council that findings and conclusions were incorrect, the
council may modify, reverse or affirm the decision of the city manager or his
designee upon the same standards as set forth in subsection (f) of this section.
(Ord. No. 437, 2d,
§ 1 (6.45, subd. 4(N)), 11-13-95)
It shall be unlawful
for any operator to advertise or hold out or state to the public or any
customer, directly or indirectly, that the tax imposed under this article or any
part thereof will be assumed or absorbed by the operator or that it will not be
added to the rent or that, if added, it or any part thereof will be refunded. In
computing the tax to be collected, amounts of tax less than $0.01 shall be
considered an additional cent.
(Ord. No. 437, 2d,
§ 1 (6.45, subd. 4(D)(4)), 11-13-95)
__________
*Cross
references: Moving
buildings, § 18-36 et seq.; taxicabs, § 22-391 et seq.
State
law references: Traffic
regulations, M.S.A. ch. 169; local authority, M.S.A. § 169.04.
__________
(a)
The provisions of this chapter applicable to the drivers of vehicles upon
the streets shall apply to the drivers of all vehicles, including but not
limited to those owned or operated by the United States, this state or any
county, city, town, district or any other political subdivision of the state,
subject to such specific exemptions as may be set forth in this chapter.
(b)
Every person riding a bicycle or an animal or driving any animal drawing
a vehicle upon a roadway shall be subject to the provisions of this chapter
applicable to the driver of a vehicle, except those provisions which by their
nature can have no application. Provisions specifically referring to bicycles
shall be in addition to other provisions of this chapter applying to vehicles.
(Code
1980, § 7.01)
Every
person who violates a section or provision of this chapter when he performs an
act thereby prohibited or declared unlawful or who fails to act when such
failure is thereby prohibited or declared unlawful, upon conviction, shall be
punished as follows:
(1)
Where the specific section or provision specifically makes violation a
misdemeanor, he may be punished as for a misdemeanor; where a violation is
committed in a manner or under circumstances so as to endanger or be likely to
endanger any person or property, he may be punished as for a misdemeanor; where
he stands convicted of violation of any provision of this chapter, exclusive of
violations relating to the standing or parking of an unattended vehicle, within
the immediate preceding 12-month period for the third or subsequent time, he may
be punished as for a misdemeanor.
(2)
As to any violation not constituting a misdemeanor under subsection (1)
of this section, he shall be punished as for a petty misdemeanor.
(Code
1980, §§ 7.99, 8.99, 9.99)
(a)
Scope. The provisions of this chapter relate exclusively to the
streets, alleys and private roads in the city, and the operation and parking of
vehicles refer exclusively to the operation and parking of vehicles upon such
streets, alleys and private roads.
(b)
Orders of police officer. It is a misdemeanor for any person to
willfully fail or refuse to comply with any lawful order or direction of any
police officer invested by law with authority to direct, control or regulate
traffic.
(Code
1980, § 7.02)
Except
as otherwise provided in this chapter, the regulatory and procedural provisions
of M.S.A. chs. 168, 169 and 171 are incorporated in this chapter and adopted by
reference, including the penalty provisions thereof.
(Code
1980, § 8.01)
(a)
Council action. No device, sign or signal shall be erected or
maintained for traffic control unless the council shall first have approved and
directed such, except as otherwise provided in this section. When traffic
control is marked or signposted, such marking or signposting shall attest to
council action thereon.
(b)
Temporarily restricting or directing traffic and parking; curb
painting.
(1)
When clearly marked, barricaded or signposted, traffic and parking may be
temporarily restricted for any public or private use. All such restrictions
shall be in accordance with the uniform policy promulgated by the city, acting
through the chief of police, who shall be ultimately responsible to the council
for the proper enforcement thereof.
(2)
Restricted or prohibited use of parking and traffic lanes may be
designated by painting the lanes upon streets and curbs. Such work shall be done
under the direction of the city and in compliance with this chapter.
(3)
It is unlawful to use traffic or parking lanes contrary to signposting or
marking authorized and described in this section.
(4)
Experimental restrictions and directions may be placed on traffic and
parking by the city, acting through the chief of police, and it shall be his
duty to do so when an extra hazardous condition is observed or arises. It is
unlawful to violate any restriction or direction when such has been duly marked,
barricaded or signposted. It is also unlawful for any person to remove, deface,
move or tamper with any sign, barricade or warning device.
(Code
1980, § 7.03)
(a)
As used in this section, to roller skate shall mean to skate on any type
of roller skates or street skates.
(b)
No person shall roller skate or ride a skateboard anywhere in the city
without complying with this section.
(c)
No person shall roller skate or ride a skateboard on any street except
for the purpose of crossing the street. The rules relating to pedestrians
crossing streets shall apply to persons crossing a street on roller skates or a
skateboard. No person crossing a street on roller skates or a skateboard shall
travel too fast for safety under the conditions existing.
(d)
It is unlawful for any person to roller skate or ride a skateboard upon
sidewalks in the central business district. For the purpose of this subsection,
the term "central business district" is defined as Broadway, Newton
and Washington from Clark to College and the cross streets of Clark, William and
Main from Washington to Newton. Outside of the central business district, it is
unlawful for any person to roller skate or ride a skateboard in a reckless
manner on a public sidewalk. No person shall ride a skateboard or roller skate
on a sidewalk without exercising due care for the safety of other persons using
the sidewalk.
(e)
Violation of this section is a petty misdemeanor.
(Code
1980, § 7.19)
Secs.
62-7--62-30. Reserved.
(a)
The council may, by resolution, designate streets as one-way streets.
(b)
It is a petty misdemeanor any person to travel upon any one-way street in
a direction opposite that designated when the street has been duly signposted.
(Code
1980, § 8.14)
The
city manager, upon the recommendation of the city engineer, may from time to
time impose upon vehicular traffic on any part or all of the streets such load
limits as may be necessary or desirable. Such limits, and the specific extent or
weight to which loads are limited, shall be clearly and legibly signposted
thereon. It is a misdemeanor for any person to operate a vehicle on any street
in violation of the limitation so posted.
(Code
1980, § 7.13)
It
is unlawful for any person to operate a motor vehicle by turning so as to
proceed in the opposite direction upon any street except at a street
intersection, and then only if the street intersection is not signposted
prohibiting a U-turn or otherwise controlled by a traffic signal. Any person
making a permitted U-turn shall yield the right-of-way to all other vehicles.
(Code
1980, § 8.11)
(a)
The city manager may, in his discretion, and with the consent of the
council, prohibit left turns entirely or during specified hours at certain
intersections. It is unlawful for any person to make a left turn at any
intersection signposted prohibiting the turn or make a left turn during the
hours of such signposted prohibition.
(b)
It is unlawful for any person to turn across an oncoming lane of traffic
to park in an angle parking space without making a lawful U-turn.
(Code
1980, § 8.12)
(a)
Evidence. It is prima facie evidence of exhibition driving when a
motor vehicle stops, starts, accelerates, decelerates or turns at an unnecessary
rate of speed so as to cause tires to squeal, gears to grind, soil to be thrown,
engine backfire, fishtailing or skidding, or, as to two-wheeled or three-wheeled
motor vehicles, the front wheel to lose contact with the ground or roadway
surface.
(b)
Unlawful act. It is unlawful for any person to do any exhibition
driving on any street, parking lot or other public or private property, except
when an emergency creates necessity for such operation, to prevent injury to
persons or damage to property. This subsection shall not apply to driving on a
racetrack. For purposes of this subsection, the term "racetrack" means
any track or premises whereon motorized vehicles, horses, dogs or other animals
or fowl legally compete in a race or timed contest for an audience, the members
of which have directly or indirectly paid a consideration for admission.
(Code
1980, § 8.13)
It
is unlawful for any person to avoid obedience to any traffic control device by
driving upon or through any private property.
(Code
1980, § 8.15)
It
is unlawful for any person to intentionally honk the horn on a motor vehicle,
whether such vehicle is moving or parked, on a street for any purpose whatsoever
except such purposes as are permitted or directed by law.
(Code
1980, § 8.16)
It
is unlawful for any person to ride in or jump into or upon any motor vehicle
without the consent of the driver, and it is also unlawful for any person to,
when riding, allow any part of the body to project beyond the limits of any
motor vehicle, except when signaling, nor shall any person board or alight from
or hang onto any motor vehicle when such vehicle is in motion. This section
shall not apply to any person whose employment makes it necessary to ride in or
upon or to operate a motor vehicle otherwise than provided, when engaged in the
necessary duties of such employment.
(Code
1980, § 8.17)
It
is unlawful for the operator of any motor vehicle which is standing at the curb
and about to start to fail to yield the right-of-way to moving vehicles.
(Code
1980, § 8.19)
No
person, while operating a motor vehicle, shall wear headphones or earphones
which may be used in both ears simultaneously for purposes of receiving or
listening to broadcasts or reproductions from radios, tape decks or other
sound-producing or transmitting devices. Violation of this section shall be a
petty misdemeanor.
(Code
1980, § 8.20)
It
shall be unlawful for any truck to intentionally dynamic brake (jake brake) on
any public highway, street, parking lot or alley within the city, except in an
emergency.
(Ord.
No. 17, 3d, § 1, 8-10-98)
Secs.
62-42--62-65. Reserved.
__________
*Cross
references: Off-street
parking and loading facilities, § 74-1041 et seq.
__________
As
to any vehicle parking in violation of this chapter, when the driver thereof is
not present, it shall be presumed that the owner parked the vehicle or that the
driver was acting as the agent of the owner.
(Code
1980, § 9.01)
When
any police officer finds a vehicle standing upon a street or city-owned parking
lot in violation of any parking regulation, such officer is authorized to
require the driver or other person in charge of such vehicle to remove the
vehicle to a position in compliance with this chapter. When any police officer
finds a vehicle unattended upon any street or city-owned parking lot in
violation of any parking regulation, such officer is authorized to impound such
unlawfully parked vehicle and to provide for the removal thereof and to remove
the vehicle to a convenient garage or other facility or place of safety in
accordance with M.S.A. § 169.041. If any charge shall be placed against such
vehicle for cost of removal or storage or both by anyone called upon to assist
therewith, the cost shall be paid prior to removal from such place of storage or
safekeeping.
(Code
1980, § 9.34)
Parking
on streets shall be limited as follows:
(1)
It is unlawful for any person to stop, park or leaving standing any
vehicle upon any street for a continuous period in excess of 12 hours.
(2)
The council delegates to the city manager authority to designate certain
streets, blocks or portions of streets or blocks as prohibited parking zones, or
as five-minute, ten-minute, 15-minute, 30-minute, one-hour, two-hour, four-hour,
six-hour, eight-hour, morning or afternoon rush hours limited parking zones and
shall mark by appropriate signs any zones so established. Such zones shall be
established whenever necessary for the convenience of the public or to minimize
traffic hazards and preserve a free flow of traffic. It is unlawful for any
person to stop, park or leave standing any vehicle in a prohibited parking zone,
for a period of time in excess of the signposted limitation or during signposted
hours of prohibited parking.
(3)
It is unlawful for any person to remove, erase or otherwise obliterate
any mark or sign placed upon a tire or other part of a vehicle by a police
officer or a parking enforcement officer for the purpose of measuring the length
of time such vehicle has been parked.
(4)
For the purpose of enforcement of this section, any vehicle moved less
than one block in a limited time parking zone shall be deemed to have remained
stationary.
(Code
1980, § 9.30)
It
is unlawful for any person to stop, stand or park a vehicle except when
necessary to avoid conflict with other traffic or in compliance with the
specific directions of a police officer or traffic control device in any of the
following places:
(1)
On a sidewalk;
(2)
In front of or within three feet of a public or private driveway;
(3)
Within an intersection;
(4)
Within ten feet of a fire hydrant;
(5)
On a crosswalk;
(6)
Within 20 feet of a crosswalk at any intersection;
(7)
In a signposted fire lane;
(8)
Within 30 feet upon the approach to any flashing beacon, stop sign or
traffic control signal located at the side of a roadway;
(9)
Within 50 feet of the nearest rail of a railroad crossing;
(10)
Within 20 feet of the driveway entrance to any fire station and on the
side of a street opposite the entrance to any fire station within 75 feet of the
entrance when properly signposted;
(11)
Alongside or opposite any street excavation or obstruction when such
stopping, standing or parking would obstruct traffic;
(12)
On the roadway side of any vehicle stopped or parked at the edge or curb
of a street;
(13)
Upon any bridge or other elevated structure upon a street;
(14)
At any place where official signs prohibit or restrict stopping, parking
or both;
(15)
In any alley, except for loading or unloading and then only so long as
reasonably necessary for such loading and unloading to or from adjacent
premises;
(16)
On any boulevard which has been curbed;
(17)
At any place marked on the curb in yellow paint; or
(18)
In a manner not within the lines or markings delineating such parking
spaces.
(Code
1980, § 9.02)
(a)
Definition. As used in this section, the term business parking lot
means any privately owned parking lot providing free parking during business
hours adjacent to any store, church, office building, commercial building or
industrial building, for the convenience of employees and customers or patrons.
(b)
Trespassing after hours. No person shall enter or stay on any
business parking lot at any time that staying or entering the lot is prohibited
by the owner, as shown by a sign at the parking lot. No person shall place or
leave any vehicle on any business parking lot at any such time.
(c)
Signs. The prohibition set out in subsection (b) of this section
shall be in effect at any business parking lot where the owner or person
lawfully in charge has posted a sign clearly stating the prohibition. Signs must
be placed so that they can be seen either at all entrances to the lot or at
prominent locations.
(d)
Exceptions. The following uses of a parking lot shall not be
violations of this section:
(1)
Temporary entrance to a business parking lot in an emergency or to avoid
an accident.
(2)
Entrance by a police officer in the course of duty.
(3)
Entrance by fire, ambulance and other emergency personnel and equipment
in the course of duty.
(4)
Entrance by an owner, tenant or employee of any owner or tenant of any
establishment served by the parking lot.
(5)
Entrance by any city inspector in the course of duty.
(e)
Special events. The owner or person in charge of any parking lot
may grant temporary permission to use the lot during any specified hours when
parking or trespassing is normally prohibited, by posting temporary signs or
posters to that effect. The owner or person in charge shall notify the police
department of any such temporary permission.
(f)
Penalty. Any person violating this section shall be subject to the
following penalties:
(1)
Upon the first offense, the person is guilty of a petty misdemeanor and
shall be punished by a fine not to exceed $100.00.
(2)
Upon any subsequent offense within 12 months of a prior conviction of
this section, the person is guilty of a misdemeanor and shall be punished in
accordance with section 1-13.
(Code
1980, § 9.36)
The
council may, by resolution, establish loading zones to be used for the specific
purpose of loading or unloading merchandise from a commercial vehicle or vehicle
temporarily being utilized in the transport of merchandise. Such loading zones
shall be installed by order of the city manager where, in the judgment of the
council, a commercial loading zone is justified and duly signposted.
(Code
1980, § 9.35)
In
city-owned parking lots and ramps, the city manager may limit the sizes and
types of motor vehicles to be parked thereon, hours of parking and prescribed
methods of parking, provided that such limitations and restrictions are marked
or signposted thereon. It is unlawful to park or leave standing any vehicle
backed into a parking place, to drive in a direction opposite the flow of
traffic marked by one-way signs or arrows, or to park any vehicle in any
city-owned parking lot or ramp contrary to the restrictions or limitations
marked or signposted therein.
(Code
1980, § 9.33)
It
is unlawful for the operator of any motor vehicle to stop such vehicle on any
crosswalk or to drive any motor vehicle on any sidewalk.
(Code
1980, § 8.18)
It
is unlawful for any person to move a vehicle not owned by such person into any
prohibited area or away from a curb such distance as is unlawful.
(Code
1980, § 9.03)
It
is unlawful for any person to stop or park a vehicle on a street when directed
or ordered to proceed by any police officer or other person with authority to
direct, control or regulate traffic.
(Code
1980, § 9.05)
Except
where angle parking is specifically allowed and indicated by curb marking or
signposting or both, each vehicle stopped or parked upon a two-way road where
there is an adjacent curb shall be stopped or parked with the righthand wheels
of the vehicle parallel with and within 12 inches of the righthand curb, and,
where painted markings appear on the curb or the street, such vehicle shall be
within such markings, front and rear. Upon a one-way roadway, all vehicles shall
be so parked, except that the lefthand wheels of the vehicle may be parallel
with and within 12 inches from the lefthand curb, but the front of the vehicle
in any event and with respect to the remainder of the vehicle shall be in the
direction of the flow of traffic upon such one-way street. It is unlawful to
park in violation of this section.
(Code
1980, § 9.06)
Where
angle parking has been established by council resolution and is allowed as shown
by curb marking or signposting or both, each vehicle stopped or parked shall be
at an angle to be determined by the public works director, provided that the
front wheel not touching the curb shall be the portion of the vehicle furthest
in the direction of one-way traffic. It is unlawful to park in violation of this
section. In no event shall vehicles exceeding 22 feet in overall length be
parked in areas marked for angle parking.
(Code
1980, § 9.07)
Upon
streets not having a curb, each vehicle shall be stopped or parked parallel and
to the right of the paving, improved or main traveled part of the street. It is
unlawful to park in violation of this section.
(Code
1980, § 9.08)
(a)
Definition. For purposes of this section, the term
"emergency" means a condition created on city streets because of the
presence of snow, freezing rain, sleet or ice thereon or other natural
phenomenon which creates or is likely to create hazardous road conditions or
impedes or is likely to impede the free movement of fire, health, police,
emergency or other vehicular traffic, when the emergency has been duly declared.
(b)
Declaration of emergency. Whenever, in the opinion of the city
manager or in his absence the city engineer, an emergency exists, he may declare
the emergency and cause an announcement thereof to be made to local news media.
(c)
Beginning and duration of emergency.
(1)
The emergency shall begin one hour after announcement to news media.
(2)
Once declared, the emergency shall remain in effect for the ensuing 72
hours, provided that the emergency may, in the same manner, be redeclared for
subsequent like periods of time.
(d)
Unlawful acts. During an emergency it is unlawful to park or leave
standing any vehicle:
(1)
On any street signposted in a manner similar to an emergency route;
(2)
On that side of the street on which the addresses include odd-numbered
buildings on such dates as are also odd-numbered; or
(3)
On that side of the street on which the addresses include even-numbered
buildings on such dates as are also even-numbered.
(e)
Exceptions. This section shall not apply to the following:
(1)
Persons in charge of wreckers or authorized emergency vehicles while
actually servicing mechanical, fire, police or medical emergencies; or
(2)
Any street when it has been fully and completely (curb-to-curb) cleared,
sanded, salted or cleaned.
(Code
1980, § 9.31)
(a)
It is unlawful to park a detached semitrailer upon any street, city-owned
parking lot or other public property.
(b)
It is unlawful to park a semitrailer, truck tractor or a combination
thereof within an area zoned as a residential district, except for the purpose
of actually loading or unloading the vehicle.
(c)
It is unlawful to park a truck or other vehicle using or equipped with a
trailer or extended body or other extension or projection beyond the original
length of such vehicle or any passenger bus diagonally along any street except
for a time sufficient to load or unload, and in such case, only parallel parking
shall be permitted. However, a truck may stand backed up to the curb if the
weight or bulk of the load makes parallel parking impracticable, but then only
for a period of time sufficient to load or unload.
(d)
Parking of commercial vehicles is permitted in duly designated and
signposted loading zones and in alleys for a period of up to 20 minutes for the
purpose of access to abutting or adjacent property while actively loading or
unloading.
(Code
1980, § 9.32, subds. 1, 2, 4, 5)
(a)
It is unlawful for any person to leave a motor vehicle unattended while
the engine is running.
(b)
It is unlawful for any person to leave a motor vehicle unattended with
the key in the ignition.
(Code
1980, § 9.50)
It
is unlawful for any person to service, repair, assemble or dismantle any vehicle
parked upon a street or attempt to do so, except to service such vehicle with
gasoline or oil or to provide emergency repairs thereon.
(Code
1980, § 9.51)
It
is unlawful for any person to park a vehicle on any street for the purpose of
advertising such vehicle for sale, for the purpose of advertising for sale or
selling merchandise thereon or therein or advertising any merchandise for sale
or a forthcoming event.
(Code
1980, § 9.52)
The
city manager is authorized to waive hours of parking limitations stated in this
article upon an application duly filed on any day and to any particular group,
provided that members of such group shall have displayed in their motor vehicles
a courtesy parking sticker, card or other similar designation. The city manager
may restrict effective hours, days and places of such waiver.
(Code
1980, § 9.53)
(a)
Statutory parking privileges, M.S.A. § 169.346, for physically
handicapped shall be strictly observed and enforced.
(b)
It is unlawful for any person, whether or not physically handicapped, to
stop, park or leave standing a motor vehicle:
(1)
In a signposted fire lane at any time; or
(2)
In lanes where and during such hours as parking is prohibited to
accommodate heavy traffic during morning and afternoon rush hours.
(Code
1980, § 9.70)
It
is a misdemeanor for any person operating or in charge of a railroad train, car,
engine, locomotive or other railroad equipment or combination thereof to so
operate, park or leave such standing upon the railroad at its intersection with
a street, so as to prevent unobstructed vehicular traffic on such street for a
period of longer than ten minutes.
(Code
1980, § 7.11)
(a)
Definitions. The term "recreational camping vehicle"
means any of the following:
(1)
Travel trailer means a vehicular, portable structure built on a
chassis, designed to be used as a temporary dwelling for travel, recreational,
and vacation uses, permanently identified "travel trailer" by the
manufacturer of the trailer.
(2)
Pickup coach means a structure designed to be mounted on a truck
chassis for use as a temporary dwelling for travel, recreation and vacation.
(3)
Motor home means a portable, temporary dwelling to be used for
travel, recreation and vacation, constructed as an integral part of a
self-propelled vehicle.
(4)
Camping trailer means a folding structure, mounted on wheels and
designed for travel, recreation and vacation uses.
(b)
Unlawful act. It is unlawful for any person to leave or park a
recreational camping vehicle on or within the limits of any street or
right-of-way for a continuous period in excess of two hours, except where signs
are erected designating the place as a campsite or in a mobile home park.
However, during such two-hour period, such vehicle shall not be occupied as
living quarters.
(Code
1980, § 9.04)
(a)
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
Recreational
vehicle is a general term
for a vehicular unit not exceeding 35 feet in overall length, eight feet in
width or 12 feet in overall height. The term "recreational vehicle"
includes the following terms:
(1)
Camper trailer means a folding or collapsible vehicular structure,
without its own power, designed as a temporary living quarters for travel,
camping, recreation, and vacation use; and eligible to be licensed or registered
and insured for highway use.
(2)
Travel trailer means a rigid vehicular structure, without its own
motive power, designed as a temporary dwelling for travel, camping, recreation
and vacation use eligible to be licensed or registered and insured for highway
use and which, when equipped for the road, has a body width of not more than
eight feet.
(3)
Truck camper means a portable structure, without its own motive
power, designed to be transported on a power vehicle as a temporary dwelling for
travel, camping, recreation and vacation use and which, in combination with the
carrying vehicle, is eligible to be licensed or registered and insured for
highway use.
(4)
Motor home means a vehicular unit built on or as a part of a
self-propelled motor vehicle chassis, primarily designed to provide temporary
living quarters for travel, camping, recreation and vacation use, and which is
eligible to be licensed or registered and insured for highway use.
(5)
Boat trailer means a vehicular structure without its own motive
power, designed to transport a recreational watercraft for recreation and
vacation use, and which is eligible to be licensed or registered and insured for
highway use. A recreation watercraft, when mounted upon a boat trailer, and its
towing vehicle, when parked or stored, shall be considered one unit, exclusive
of its towing vehicle.
(6)
Utility trailer means a vehicular structure without its own motive
power designed or used for the transportation of all manner of motor vehicles,
goods, materials, and eligible to be licensed or registered and insured for
highway use.
(b)
Restrictions. Any recreational vehicle may be parked and stored on
a single lot in a residential district subject to the following:
(1)
Such recreational vehicle shall be maintained in a clean, well-kept state
so as not to detract from the appearance of the surrounding area.
(2)
At no time shall such parked or stored recreational vehicle be occupied
or used for living, sleeping, or housekeeping purposes except as provided in
subsection (b)(3) of this section.
(3)
It shall be lawful for only nonpaying guests at a residence in a
residential district to occupy one recreational vehicle, parked or stored
subject to the provisions of this section, for sleeping purposes only for a
period not exceeding 72 consecutive hours. The total number of days during which
a recreational vehicle may be occupied under this subsection shall not exceed 14
days in any calendar year.
(4)
Such recreational vehicle may be parked or stored in the following
manner:
a.
Inside any enclosed structure which structure otherwise conforms to the
zoning requirements of the particular district where located.
b.
Outside in the side yard or in the rear yard, behind the required front
yard setback.
c.
Parking of one recreational vehicle is permitted outside within the
required front yard setback on a hard-surfaced driveway or a hard-surfaced pad
adjacent to the driveway provided:
1.
Space is not available in the side yard behind the required front yard or
there is not reasonable access to either the side or rear yard. A lot shall be
deemed to have reasonable access to the rear yard if terrain permits and an
access can be had without substantial damage to existing large trees or major
landscaping. A fence shall not necessarily be deemed to prevent reasonable
access. A corner lot shall normally be deemed to have reasonable access to the
rear yard.
2.
Inside parking is not possible.
3.
The recreational vehicle is parked perpendicular to the front roadway and
is parked at least 15 feet front the back of the curb.
4.
The recreational vehicle does not prevent persons from having a clear
view of all traffic approaching an intersection, whether it is an intersection
of two streets or the intersection of an alley with another alley or street, or
traffic entering or departing from a driveway.
(Code
1980, §§ 11.02, 11.71)
Secs.
62-89--62-115. Reserved.
__________
*State
law references: Snowmobiles,
M.S.A. §§ 84.81--84.88.
__________
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Operate
means to ride in or on and control the operation of a snowmobile.
Operator
means every person who operates or is in actual physical control of a
snowmobile.
Owner
means a person, other than a lienholder, having the property in or title to a
snowmobile or entitled to the use or possession thereof.
Right-of-way
means the entire strip of land transferred by a highway or street in which the
public owns the fee or an easement for street purposes.
Safety
or deadman throttle means
a device which, when pressure is removed from the engine accelerator or
throttle, causes the motor to be disengaged from the driving source.
Snowmobile
means a self-propelled vehicle designed for travel on snow, ice or natural
terrain; steered by wheels, skis or runners; and registered through the
commissioner of natural resources or his agents.
(Code
1980, § 8.40, subd. 1)
Cross
references: Definitions
generally, § 1-2.
(a)
It is a misdemeanor for any person to drive or operate any snowmobile in
the city:
(1)
At a speed greater than reasonable or proper under all the surrounding
circumstances. Operation of a snowmobile at a speed greater than 15 miles per
hour on any street or highway shall be prima facie evidence that the speed is
unreasonable and improper under this article.
(2)
In a careless, reckless or negligent manner so as to endanger the
personal property of another or so as to cause injury or damage to a person or
property.
(3)
While under the influence of intoxicating liquor or controlled substances
or a combination thereof.
(4)
To enter any intersection in the city without yielding right-of-way to
any vehicle or pedestrian at the intersection or to proceed into any
intersection if any oncoming pedestrian or vehicular traffic is so close to the
intersection so as to constitute an immediate hazard.
(5)
To cross or enter upon a street or highway except at an intersection
without stopping completely before crossing the main-traveled way of the street
or the highway and to fail to yield the right-of-way to all oncoming traffic
which constitutes a hazard.
(6)
To fail to yield the right-of-way to any pedestrian or pedestrian traffic
while crossing a public sidewalk or public boulevard.
(b)
Notwithstanding anything in this article to the contrary, no person under
14 years of age shall operate a snowmobile on any public street or alley or
other public area where the operation of snowmobiles is permitted by this
article. A person 14 year of age or older, but less than 18 years of age, may
operate a snowmobile on the areas permitted by this article only if he has in
his immediate possession a valid snowmobile safety certificate issued by the
state commissioner of conservation.
(c)
It is a misdemeanor for the operator of any snowmobile to tow any person,
vehicle or thing on any public street or alley in the city, except any sled,
trailer or other vehicle may be towed by a snowmobile if connected to the
snowmobile by a rigid hitch.
(d)
No person shall operate a snowmobile within the right-of-way of any
street or alley or highway between the hours of one-half an hour after sunset to
one-half an hour before sunrise or in conditions of reduced visibility, except
when both front and rear lights are on. Snowmobiles are required to have such
equipment as may be required by M.S.A. ch. 84.
(e)
All provisions of M.S.A. ch. 169 shall apply to the operation of
snowmobiles upon the streets and highways, except those relating to required
equipment and except those which by their nature have no application.
(f)
All traffic provisions in this Code shall apply to the operation of
snowmobiles upon the streets and highways within the city, except those which by
their nature have no application.
(Code
1980, § 8.40, subd. 3)
(a)
Except as specifically permitted and authorized in this article, it is a
misdemeanor for any person to operate a snowmobile in the city:
(1)
On any street or highway, except in the most righthand portion of the
traveled street which is used for vehicle traffic, and such travel must be in
the same direction and only in single file, except when passing another vehicle.
(2)
Except for purposes of crossing, on a public sidewalk provided for
pedestrian travel.
(3)
Except for purposes of crossing, on any boulevard within any public
right-of-way.
(4)
On any public park or other public lands in the city, except where the
board, council or other controlling body having direct supervision and control
of such property has, by written resolution duly adopted, authorized the
operation of snowmobiles in a specified area of any public park or public
grounds in accordance with rules and regulations set forth in such written
resolution. No authorization to operate a snowmobile shall be effective until
posted in the area authorized for such operation.
(5)
On any private property of another without the written permission of the
owner or person in control of the property. The written permission must be
carried by the operator on his person at all times when operating a snowmobile
upon the private property of another.
(6)
On any street or highway, except to drive and to return to the owner's
residence or place where the snowmobile is stored, to the nearest city limits or
to the nearest area authorized for the operation of snowmobiles, by public
authority pursuant to subsection (a)(4) of this section, by the shortest and
most direct route.
(7)
Between 30 minutes before the official hour of sundown and 30 minutes
after the official hour of sunup on that area of Fountain Lake south of Richway
Drive within the city limits.
(b)
Notwithstanding anything in this article to the contrary, no person under
14 years of age shall operate a snowmobile on any public street or alley or
other public area where the operation of snowmobiles is permitted by this
article. A person 14 years of age or older, but less than 18 year of age, may
operate the snowmobile on the areas permitted by this article only if he has in
his immediate possession a valid snowmobile safety certificate issued by the
state commissioner of conservation.
(Code
1980, § 8.40, subd. 2)
Secs.
62-119--62-145. Reserved.
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Bicycle
means every device propelled by human power upon which a person may ride; having
two tandem wheels, either of which is over 14 inches in diameter; and including
any device generally recognized as a bicycle though equipped with two front or
rear wheels.
(Code
1980, § 7.10, subd. 1)
Cross
references: Definitions
generally, § 1-2.
Violation
of this article shall be a petty misdemeanor.
It
is unlawful for any person to ride or operate a bicycle not registered with the
state commissioner of public safety upon any street, sidewalk or other public
property.
(Code
1980, § 7.10, subd. 2)
State
law references: Bicycle
registration, M.S.A. § 168C.13.
Every
person riding a bicycle upon a roadway or upon any path set aside for the
exclusive use of bicycles shall be granted all of the rights and shall be
subject to all of the duties applicable to the driver of a vehicle by this
chapter, except as to special regulations in this chapter and except as to those
provisions of this chapter which by their nature can have no application.
(Code
1980, § 8.30, subd. 1)
It
is unlawful for any person propelling a bicycle to operate such bicycle faster
that is reasonable and proper, and such bicycle shall be operated with
reasonable regard to the safety of the operator and other persons upon the
sidewalks, streets and other public highways.
(Code
1980, § 8.30, subd. 2)
It
is unlawful for any person to operate a bicycle upon sidewalks in the central
business district. For the purpose of this section, the term "central
business district" means Broadway, Newton and Washington: from Clark to
College and the cross streets of Clark, William and Main from Washington: to
Newton. The provisions of this section governing operation of bicycles do not
apply to bicycles operated by peace officers while performing their duties.
(Code
1980, § 8.30, subd. 3; Ord. No. 16, 3d, § 1, 7-27-98)
Cross
references: Streets and
sidewalks, ch. 50.
It
is unlawful for any person to park, lay or stand a bicycle in a position so as
to interfere with, block or impede pedestrian travel on the sidewalk or to block
entrance to a doorway within a business district or general shopping area.
(Code
1980, § 8.30, subd. 4)
Cross
references: Street
obstructions, § 50-5.
No
person, while riding a bicycle, as defined in M.S.A. ch. 169, in a public
right-of-way shall wear headphones or earphones which may be used in both ears
simultaneously for purposes of receiving or listening to broadcasts or
reproductions from radios, tape decks or other sound-producing or transmitting
devices. For the purposes of this section the term "public
right-of-way" shall include, without limitation, streets, highways, alleys,
sidewalks, footpaths and parking lots commonly open to the public.
(Code
1980, § 8.30, subd. 5)
Secs.
62-154--62-180. Reserved.
__________
*Cross
references: Solid waste
management, ch. 46.
__________
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Abandoned
motor vehicle means a
motor vehicle, as defined in M.S.A. ch. 169, that has remained for a period of
more than 48 hours on public property illegally or lacking vital component parts
or that has remained for a period of more than 48 hours on private property
without the consent of the person in control of such property or that is in an
inoperable condition such that it has no substantial possible further use
consistent with its function unless it is kept in an enclosed garage or storage
building. It also means a motor vehicle voluntarily surrendered by its owner to
the city. A classic car or pioneer car shall not be considered an abandoned
motor vehicle. Vehicles on the premises of junkyards or automobile graveyards,
which are licensed and maintained in accordance with this Code, shall not be
considered abandoned motor vehicles within the meaning of this article.
Vital
component parts means
those parts of a motor vehicle that are essential to the mechanical functioning
of the vehicle, including but not limited to the motor, drive train and wheels.
(Code
1980, § 2.71, subd. 1(A))
Cross
references: Definitions
generally, § 1-2.
The
city shall take into custody and impound any abandoned motor vehicle.
(Code
1980, § 2.71, subd. 1(B))
When
an abandoned motor vehicle is more than seven model years of age, is lacking
vital component parts and does not display a license plate currently valid in
this state or any other state or foreign country, it shall immediately be
eligible for sale at public auction and shall not be subject to the
notification, reclamation or title provisions of this article.
(Code
1980, § 2.71, subd. 1(C))
(a)
When an abandoned motor vehicle does not fall within the provisions of
section 62-183, the city shall give notice of the taking within ten days. The
notice shall set forth the date and place of the taking; shall set forth the
year, make, model and serial number of the abandoned motor vehicle, if such
information can be reasonably obtained; shall set forth the place where the
vehicle is being held; shall inform the owner and any lienholders of their right
to reclaim the vehicle under section 62-185; and shall state that failure of the
owner or lienholder to exercise his right to reclaim the vehicle and contents
shall be deemed a waiver by him of all rights, title and interest in the vehicle
and a consent to the sale of the vehicle at a public auction pursuant to section
62-186.
(b)
The notice shall be sent by mail to the registered owner, if any, of the
abandoned motor vehicle and to all readily identifiable lienholders of record.
If it is impossible to determine with reasonable certainty the identity and
address of the registered owner and all lienholders, the notice shall be
published once in the official newspaper. Published notices may be grouped
together for convenience and economy.
(Code
1980, § 2.71, subd. 1(D))
(a)
The owner or any lienholder of an abandoned motor vehicle shall have a
right to reclaim such vehicle from the city upon payment of all towing and
storage charges resulting from taking the vehicle into custody within 15 days
after the date of the notice required by this article.
(b)
Nothing in this article shall be construed to impair any lien of a garage
keeper under the laws of this state or the right of the lienholder to foreclose.
For the purposes of this section, the term "garage keeper" means an
operator of a parking place or establishment; an operator of a motor vehicle
storage facility; or an operator of an establishment for the servicing, repair
or maintenance of motor vehicles.
(Code
1980, § 2.71, subd. 1(E))
(a)
An abandoned motor vehicle and contents taken into custody and not
reclaimed under section 62-185 shall be sold to the highest bidder at public
auction or sale, following one published notice published at least seven days
prior to such auction or sale. The purchaser shall be given a receipt in a form
prescribed by the registrar of motor vehicles which shall be sufficient title to
dispose of the vehicle. The receipt shall also entitle the purchaser to register
the vehicle and receive a certificate of title, free and clear of all liens and
claims of ownership.
(b)
From the proceeds of the sale of an abandoned motor vehicle, the city
shall reimburse itself for the cost of moving, preserving and storing the
vehicle and all administrative, notice and publication costs incurred pursuant
to this article. Any remainder from the proceeds of a sale shall be held for the
owner of the vehicle or entitled lienholder for 90 days and then shall be
deposited in the general fund of the city.
(Code
1980, § 2.71, subd. 1(F))
Where
no bid has been received for an abandoned motor vehicle, the city may dispose of
it in accordance with this article.
(Code
1980, § 2.71, subd. 1(G))
(a)
The city may contract with any qualified person for collection, storage,
incineration, volume reduction, transportation or other services necessary to
prepare abandoned motor vehicles and other scrap metal for recycling or other
methods of disposal.
(b)
Where the city enters into a contract with a person duly licensed by the
state pollution control agency, the agency shall review the contract to
determine whether it conforms to the agency's plan for solid waste disposal. A
contract that does so conform may be approved by the agency. Where a contract
has been approved, the agency may reimburse the city for the costs incurred
under the contract which have not been reimbursed.
(c)
If the city utilizes its own equipment and personnel for disposal of the
abandoned motor vehicle, it shall be entitled to reimbursement for the cost
thereof along with its other costs as provided in this article.
(Code
1980, § 2.71, subd. 1(H))