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O64-21ORDINANCE NO. 64-2i AN ORDIt~ANCE OF THE CITY OF BOYNTON BEACH, FLORIDA° PROHIBITING T~HE ABANDONMEi~.IT OF CERTAIN VEHICLES; RESTRICTING THE DISPOSITION OR KEEPING OF W~ECKED, NON-OPERATING OR DISCARDED VEHICLES ON PUBLIC STREETS OR PRIVATE PROPERTY WITHIN THE CITY; PROVIDING FOR DIS- POSITION OF CERTAIN VEHICLES; A -PENALTY CLAUSE~ REPEALING PROVISIONS; AND FOR OTHER PUR]~OSES. WHEREAS, in the City of Boynton Beach, Florida, vehicles are, or may in the future be abandoned in the streets or on private property within the City; and WHEREAS, there are, or may in the future, be dismantled or partially dismantled, wrecked, non-operating or discarded vehicles left about the City other than in junk yards or other appropriate/ places; and WHEREAS, such conditions tend to impede traffic in the streets or interfere with the enjoyment of and reduce the value of private property, invite plundering, create fire hazards and other safety and health hazards to children as well as adults, interfere with the comfort a~id well being of the public and create, extend and aggrevate urban blight; and WHEREAS, adequate protectiOn of the public~ health, safety and welfare requires that such conditions be regulated, abated and prohibited; NOW, THEREFORE, Council of the City of Boynton Beach, Florida: be it ordained by the City SECTION I: That Chapter 29 of the Codified Ordinances of the City of Boynton Beach, Florida, is hereby amended by adding thereto, the following Sections to read: Sec. 29-5. Abandoned, wrecked or junked vehicles. Unlawful to leave on public streets or private property. ~a) Definitions. The following definitions shall apply in the interpretation and enforcement of this ordinance. (1). "Person"shall mean any person, firm or partnership, association, corporation, .company, or organization ol' any kind. (2) "Vehicle" shall mean a machine.propelled by power other-than human power designed to travel along the ground by use ol wheels, treads, runners, or slides aha transport persons or pmoperty or pull machinery and shall include, without'limitation automobile, truck, tra~ler, mo~orcyle, tractor, buggy, and wagon. (3) "Street or highway" shall mean the entire width between the boundary lzues o~' every publicly dedicated right-oI-way w~thin the mumclpal hmits of the City of Boynton Beach, Florida. (4) "Property" shall mean any real property within the City wh~ch.lS not a street or highway. Aoandonment ol Vehicles. No person snali aoandone;~- andy v~hicle w~thin the City and no person shall leave any vehicles at any place within the City for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned. (c) Leaving of wrecked, non-operating vehicle on street. No person shall leave any partially dismantled, non-operating, wrecked, or junked vehicle on any street or highway within the City. (d) Disposition of Wrecked or Discarded Vehicles. No person in charge or control-of any property within the City, whether as owner, tenante0 occupant, lessee, or otherwise shall allow any partially dismant~id, non-operating wrecked, junked or dischmz~ed vehicle to remain on such property ~longer than 72 hours~ and no person shall leave any such vehicle on any property within the City for longer time than 72 hours; except that this Ordinance shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City. Sec. 2~-6. The accumulation!~ and storage of one or more of such vehicles as hereinbefore defined, on public or private property shall constitute a nuisanc e, detrimental to the health, safety and welfare of the inhabitants of the C~ty and it shall be the duty of the owner of such vehicle~ and it shall also be the duty of the private property owner, or lessee, or other person in possession of private property u~p~.n which such vehicle is located, to remove same from the Czty limits or to have the same housed in an enclosed building ~here it shall not be visible from the street. Sec. 29-7. It shall be the duty of the City Manager or his designee, to give written notice to the registered owner of any vehicle which is in violation of this ordinance as above described, or to give such notice to the owner, lessee or person in possession of the private land whereon said vehicle is situated where the identity of the registered owner is not readily ascertainable, advising such persor4 or persons -2- thai said vehicle violates this ordinance and demanding that said motor vehicle be removed from the City within 72 hours or that within 72 hours same be housed in an enclosed building where it will not be visible from the street. Such notice may be given by personal service or by registered mail. Sec. 29-8. Penalty. Any person, firm or corporation violating any of the provisions of this ordinance shall upon conviction thereof be fined in an amount not exceeding $500. 00 or by imprisonment in the City Jail for a period not exceeding 90 days, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. Provided, however, if the person, firm or corporation receiving the notice provided hereinabove executes a written agreement authorizing the removal of such vehicle or vehicles, the City will remove, or cause to be removed the vehicle at no cost to the person receiving said notice and no warrant for arrest shall be issued. SECTION 2: Separability. Each of the provisions of this ordinance are separable, including word, clause, phrase, or sentence, and if any portion hereof shall be declared invalid, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 3: Repealing provisions. Ail ordinances or part~ or ordinances in conflict herewith are hereby repealed. SECTION 4: Authority to Codify. This ordinance may be codified and incorporated into the City's existing code. SECTION 5: Effective date. This ordinance shall become effective in the manner and at the time provided by the Charter and of the City of Boynton Beach, Florida. First reading this ~'J~ day of ~0~l=-f~fi~, A.D.~ 1964. Second, final reading and passage this ~_~ day of A.D.' 1964. (CORPORATE SEAL) ATTEST: ~ ~z~ City Cler~/ -3- CIT B~ / FLORIDA Mayor Councilman Counc! Counc~man