§ 58-81. Definitions.

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 vehicle means:

(1)

Any vehicle left unattended on private property for a period of 72 hours or longer without the consent of the owner, occupant or tenant of such property or such person's agent;

(2)

Any vehicle left unattended on public property, including any portion of a street or highway right-of-way, within the limits of the city for a period of 24 hours or longer, unless the owner of driver has conspicuously affixed thereto a dated notice, or otherwise notified the city's police department of such person's intention to remove such vehicle within 72 hours, or the vehicle is parked in a public street within 50 feet of the property of the owner;

(3)

Any "junk vehicle" as defined in section 30-166; or

(4)

Any vehicle stored in an impound lot at the request of its owner or the owner's agent or the police department and not removed from the impound lot according to the agreement with the owner or agent or within 72 hours of the time the police department notifies the owner or agent that the vehicle is available for release upon payment of any applicable charges or fees. If the police department requested the storage, the provisions of this article governing public tows apply as of the time of abandonment, and the police department shall be deemed the responsible law enforcement agency. Otherwise, the private tow provisions of this article apply as of the time of abandonment.

Appraisal means a bona fide estimate of reasonable market value made by any vehicle dealer licensed in this state or by any employee of the state patrol, the county sheriff's department or the police department whose appointment for such purpose has been reported by the head of the appointing agency to the executive director of the department of revenue of the state.

Department means the state department of revenue acting directly or through its duly authorized officers and agents.

Disabled vehicle means any vehicle which is stopped or parked, either attended or unattended, upon a street, highway or right-of-way generally open to the use of the public and which is, due to any mechanical failure or any inoperability because of a collision, a fire or any other such damage, temporarily inoperable under its own power.

Impound lot means a parcel of real property that is owned or leased by the city or an operator at which motor vehicles are stored under appropriate protection.

Operator means a person or firm licensed by the public utilities commission of the state as a towing carrier.

Private property means any real property that is not public property.

Private tow means any tow of an abandoned vehicle not requested by the police department.

Public tow means any tow of an abandoned vehicle requested by the police department.

Vehicle means any machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides to transport persons or property or pull machinery and includes, without limitation, automobile, airplane, truck, trailer, motorcycle, motor scooter, tractor, buggy and wagon.

(Ord. No. 04-09, § 9(5-9-5), 8-17-2004)