10.70 - Commercial Vehicles, Junk Cars, Stock Cars, Racers, Etc.
~ 10.70
Section 10.70: Commercial Vehicles, Junk Cars,
Stock Cars, Racers, Etc.
Source: Ordinance No. 363, 2nd Series
Effective Date: 6-30-07
Subdivision 1. Definitions
For the purposes of this Section the following terms shall have the meanings given:
A. Abandoned Motor Vehicle: means a motor vehicle that has remained for a
period of more than forty-eight (48) hours on public property illegally or
lacking vital component parts, or has remained for a period of more than
forty-eight (48) hours on private property without the consent of the person
in control of such property or in an inoperable condition such that it has no
substantial potential further use consistent with its usual functions, unless it
is kept in an enclosed garage or storage building. It shall also mean a motor
vehicle voluntarily surrendered by its owner to and accepted by the City. A
classic car or pioneer car, as defined in Minnesota Statutes, Section 168.10,
shall not be considered an abandoned motor vehicle. Vehicles on the
premises of junkyards and automobile graveyards, which are defined,
maintained and licensed in accordance with Minnesota Statutes, Section
161.242, or which are licensed and/or maintained in accordance with the City
Code, shall not be considered abandoned motor vehicles within the meaning
of this definition.
B. Bus: means a vehicle designed for carrying more than fourteen passengers
or having a seating capacity of more than fourteen persons.
Source: City Code
Effective Date: 6-30-88
C. Commercial Vehicles: A motor vehicle is a Commercial Vehicle if:
1. The vehicle is a dump truck, a step van, a tow truck, a construction
vehicle or equipment, an earth-moving vehicle or equipment, a van or
pickup with a manufacturer's nominal rated carrying capacity of more
than one (1) ton, or any other vehicle which is used in connection with
commercial activities;
2. Commercial equipment has been added to the vehicle such as winches or
snow plows;
3. Commercial racks have been added to the vehicle for the purpose of
holding equipment or materials;
4. The vehicle is a pickup with a nonstandard pickup box; or
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5. The vehicle is a trailer loaded with another Commercial Vehicle or
commercial equipment.
Source: Ordinance No. 363, 2nd Series
Effective Date: 1-12-07
D. Junk Car: means any motor vehicle which is not in operable condition, or
which is partially dismantled, or which is used for sale of parts or as a source
of repair or replacement parts for other vehicles, or which is kept for
scrapping, dismantling, or salvage of any kind, or which is not properly
licensed for operation.
E. Racing Car: means any motor vehicle designed or intended for operation on
a speedway, racetrack, or other facility used or designed for high speed
contests between two (2) or more vehicles or for timing of speed.
F. Stock Car: means any motor vehicle of standard design and construction
which is modified, adapted or altered in any manner to increase its speed or
safety, and designed or intended for operation on a speedway, racetrack, or
other facility used or designed for high speed contests between two (2) or
more vehicles or for timing of speed.
Source: City Code
Effective Date: 6-30-88
G. Vehicle: shall mean those vehicles and that equipment defined in numbers
1, 2, 3, 4 and 5 of this Subdivision.
Source: Ordinance No. 69, 2nd Series
Effective Date: 6-13-91
H. 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.
Source: City Code
Effective Date: 6-30-88
Renumbering Source (1-8): Ordinance
No. 363, 2nd Series
Effective Date: 1-12-07
Subdivision 2. Parking or Storing of Junk Cars, Stock Cars and Racing
Cars
It is unlawful for any person to park, keep, place or store, or permit the parking or
storage of, any stock car, racing car or junk car on a public street, or on any private
lands or premises which such person owns, occupies or controls for a period longer
than twelve (12) hours unless it is within a building on such private premises.
Source: Ordinance No. 69, 2nd Series
Effective Date: 6-13-91
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9 10.70
Subdivision 3. Parking or Storing of Commercial Vehicles and
Equipment in Residential Districts
A. No bus, Commercial Vehicle, equipment, or trailer shall be permitted to park
in any residential district which exceeds any of the following:
1. Eight (8) feet in height, measured from the ground to the highest point on
the vehicle at recommended tire pressure. For the purpose of measuring
height, all accessories, attachments, and materials carried upon a vehicle
shall be considered part of the vehicle.
2. Twenty-two (22) feet in length, measured at the longest point of the
vehicle or, if a trailer, the horizontal distance between the front and rear
edges of the trailer bed. For the purpose of measuring length, all
accessories, attachments, and materials carried upon a vehicle shall be
considered part of the vehicle or trailer bed; or
3. Seven thousand (7,000) pounds gross vehicle weight rating if the vehicle
is a licensed or seven thousand (7,000) pounds empty weight if it is an
unlicensed vehicle.
B. Only Commercial Vehicles which do not exceed any of the size requirements
under Subdivision 3A of this section and are designed exclusively for on-
street use can be parked on residential lots outside an enclosed building.
C. Exceptions
1. Any vehicle that is actively engaged in providing a temporary service
benefiting the property such as loading or unloading.
2. Vehicles actively used in conjunction with authorized construction,
remodeling, or contract work while the work is underway. For purposes of
this code, active is considered a vehicle not left idle for more than 72
hours.
3. Vehicles used in conjunction with authorized state, county or city public
works construction.
Source: Ordinance No. 366, 2nd Series
Effective Date: 3-23-07
Subdivision 4. Repairs
It is unlawful for any person to service, repair, replace parts, or do any
maintenance work on any vehicle on a public street, or on any private lands or
premises unless it is within a building on such private premises.
Source: Ordinance No. 69, 2nd Series
Effective Date: 6-1]-91
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Subdivision 5. Operate
It is unlawful for any person to drive or operate a stock car or racing car in the City.
Source: City Code
Effective Date: 6-30-88
Subdivision 6. Removal and Impoundment of Vehicles
A. Abandoned Motor Vehicles. The City Manager's designee may order the
immediate removal and impoundment of any abandoned motor vehicle found
within the City in violation of Subdivision 2 of this Section or Minnesota
Statutes, Section 168B.03.
B. Illegally Parked or Stored Vehicles
1. Streets or Alleys. The City Manager's Designee or any police officer may
order the immediate removal and impoundment of any vehicle found
stopped, standing, parked or otherwise placed on any public street in
violation of Subdivisions 2, 3, or 4 of this Section.
2. Private Property.
a. If the Designee determines that a vehicle is parked, kept, placed or
stored on any private lands or premises in violation of Subdivisions 2,
3, or 4, the Designee may (1) prepare and serve a notice of violation
or (2) prepare a report of the violation to be referred to the City
Attorney for issuance of a complaint.
b. Any person receiving a notice of such violation may correct the
violation within the period provided in the notice to avoid any civil
liability for the costs of inspection and abatement, including towing
and storage charges, as provided herein. Such person shall advise the
Designee of the correction and the Designee may inspect the premises
to verify the correction. If, upon inspection, the Designee determines
the violation continues to exist the Designee shall proceed as provided
in this Subparagraph.
c. If a notice of a violation as above is served by the Designee any
person aggrieved by the determination of a violation may, within the
period set forth in the notice, request a hearing before the Council to
review such determination. The request shall be made by filing a
written notice of appeal with the person specified in the notice. The
appeal shall be set on the next feasible public hearing agenda of a
regularly scheduled meeting of the Council by the City Manager.
d. Pending the hearing and final determination by the Council with
respect to such appeal, the Designee shall take no further action to
abate the alleged violation.
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e. At the hearing the Council may hear evidence presented by the person
appealing the determination, by the Designee, and from any other
interested person. The Council shall make its determination as to
whether a violation of this Section exists based solely upon the
testimony, documents and other evidence presented at the hearing. If
the Council determines that a violation of this Section exists it shall
order a time period within which removal by the person responsible
shall occur and if said order is not fully complied with then the
Designee shall proceed to abate the violation in accordance with the
provisions of this Subdivision. The determination by the Council may
be appealed to any Court with appropriate jurisdiction.
f. If the violation has not been corrected within the applicable notice
period provided by this Subdivision, or within the time ordered by the
Council after it has determined that a violation exists, then the
Designee may immediately order the removal and impoundment of
such vehicle in accordance with the City Code.
g. Upon the Court conviction of any person for a violation of Subdivision
2 of this Section, the Designee shall immediately determine whether
such violation continues to exist, and if so may commencing forty-
eight (48) hours after said conviction proceed to abate said violation in
accordance with the provisions of this Subdivision except that in such
case the notice and hearing provisions of this Subdivision shall not
apply.
3. Notice of Violation.
a. If a notice of violation is required, the Designee shall prepare a notice
of violation which shall contain the following information:
Source: Ordinance No. 363, 2nd Series
Effective Date: 1-12-07
1) The location of the premises where the violation exists, by street
address;
Source: City Code
Effective Date: 6-30-88
2) The year, make, model and serial number of the vehicle alleged to
be in violation, if such information can be reasonably obtained by
the Designee;
Source: Ordinance No. 363, 2nd Series
Effective Date: 1-12-07
3) A short description of the violation, including a reference to the
applicable provisions of the City Code;
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4) A statement of the actions necessary to remedy such violation;
5) The date by which the violation must be remedied to avoid removal
and impoundment of the vehicle as provided in this Subdivision,
provided that such date shall be no earlier than ten (10) business
days after the notice is served;
6) A statement that the City will remove and impound the vehicle if
the violation is not remedied within the time specified in the notice;
7) An address, telephone number and name of the person to be
contacted to: (a) request a hearing regarding the determination of
a violation; (b) answer questions regarding the notice; or (c)
arrange an inspection to verify that the violation has been
remedied.
Source: City Code
Effective Date: 6-30-88
b. The notice shall be served by the Designee by certified mail or by
personal service, upon the registered owner of the vehicle, if any,
upon the owner of the equipment, upon the owner of the premises,
and, if other than the owner, the occupant or person in charge of the
premises. If it is impossible for the Designee to determine with
reasonable certainty the identity and address of the registered owner
of the vehicle, the owner of the equipment, or the owner of the
premises, the notice shall be published once in the newspaper of
general circulation in the City, and shall also be Posted upon the
premises.
Subdivision 7. Violation a Misdemeanor
Every person violates a section, subdivision, or provision of this Chapter when such
person performs an act thereby prohibited or declared unlawful, or performs an act
prohibited or declared unlawful or fails to act when such failure is prohibited or
declared unlawful by a Code adopted by reference by this Chapter, and upon
conviction thereof, shall be punished as for a misdemeanor except as otherwise
stated in specific provisions hereof.
Source: Ordinance No. 363, 2nd Series
Effective Date: 1-12 -0 7
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