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HomeMy WebLinkAbout2009-14Ordinance 2009-14 Ordinance Repealing A Certain Code Section And Establishing A New Code Section Regarding Inoperable Vehicles ADOPTED: September 15, 2009 EFFECTIVE: September 15, 2009 TOWN OF PULASKI, VIRGINIA ORDINANCE 2009-14 ORDINANCE REPEALING A CERTAIN CODE SECTION and ESTABLISHING A NEW CODE SECTION REGARDING INOPERABLE VEHICLES WHEREAS, the Pulaski Town Code, in Section 38-141, presently imposes certain obligations on its citizens regarding inoperable vehicles; and WHEREAS, the Town Council has determined that inoperable vehicles constitute a public nuisance detrimental to the public health, safety, and welfare of its citizens, and requiring Council to alter these obligations and further regulate such vehicles; and therefore BE IT ORDAINED by the Council of the Town of Pulaski, Virginia, that Section 38-141 as it currently exists be and is hereby repealed; and BE IT FURTHER ORDAINED by the Council that the following language be, and is hereby, created as Section 38-141 of the Town Code: Sec. 38-141: Prohibitions (a) At any place within the Town that is, or from time to time may become, zoned as residential, commercial, or agricultural, it shall be unlawful for any person to park or otherwise place or to keep a vehicle (defined as an automobile, truck, trailer, or other equipment of this type), which vehicle is inoperable: i.) upon any street or alley; ii.) outside of a fully enclosed building, structure or garage. (b) This Section shall not apply to: i.) a commercial entity or person, possessing a current business license issued by the Town, regularly engaged in the business of: a.) automobile sales or service; b.) salvage or scrap processing; or c.) motor vehicle repair, restoration, or painting. ii.) a vehicle, upon which active restoration or repairs are being undertaken, (and, if it is located upon the same lot or parcel of land, one additional inoperable vehicle), provided that each such vehicle is shielded from view. For this provision, solely, the term "shielded from view" shall mean not visible by someone standing at ground level from outside the property on which a vehicle is located. ORDINANCE 2009-14, adopted September 15, 2009 Page 1 of 2 (c) For the purposes of this Ordinance, the term "inoperable" shall mean any vehicle which lacks: i.) current and valid license plate or plates issued by the Virginia Department of Motor Vehicles or the corresponding authority of any other State; or ii.) current and valid inspection sticker authorized by the Virginia State Police, unless such vehicle is not required to display an inspection sticker because it is exempt from inspection. (d) Any inoperative vehicle, as defined herein, which is not in compliance with this Section, shall be removed by the owner or other responsible party within fourteen (14) days of a notice to such owner or other responsible party. Each day in excess of fourteen (14) days from notice in which an inoperable vehicle is not removed shall constitute a separate offense. e) Violation of this Section shall constitute a Class 3 misdemeanor. This ordinance is effective upon adoption, and is hereby adopted this 15tH day of September, 2009, and is adopted by the duly recorded vote of the Town Council of the Town of Pulaski, as follows: David L. Clark H. M. Kidd Robert A. Bopp - Aye Larry G. Clevinger, II -Aye -Aye Joel B. Burchett, Jr. -Aye - No Morgan P. Welker - No THE TOWN OF PULASKI, VIRGINIA By: ey S. Worrell, Mayor ATTEST: f ~ 11 /!2C'.cG- l /1 [ 2 r,a ~--~ Patricia Cruise, Clerk of Council ORDINANCE 2009-14, adopted September 15, 2009 Page 2 of 2 I, Patricia Cruise, Clerk of the Council of the Town of Pulaski, Virginia, do hereby certify that the foregoing Ordinance 2009-14, Repealing A Certain Code Section And Establishing A New Code Section Regarding Inoperable Vehicles is a true and correct copy of the Ordinance set out and adopted by the recorded vote of the Town Council on September 15, 2009. Patricia Cruise, Clerk of Council