10-6 TOWING AND REMOVAL OF VEHICLES.
10-6.1 Findings; Declaration of Public Nuisance; Exceptions.
a. In addition to and in accordance with the determination made, and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public nuisances, the City Council hereby finds that the accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof on private or public property, creates a condition tending to:
1. Reduce the value of private property;
2. Promote blight and deterioration;
3. Invite plundering;
4. Create fire hazards;
5. Constitute an attractive nuisance creating a hazard to the health and safety of minors;
6. Create a harborage for rodents and insects; and
7. Be injurious to the health, safety and general welfare of the City.
b. The presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof, on private or public property, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this section.
c. This section shall not apply to:
1. A vehicle, or parts thereof, that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;
2. A vehicle, or parts thereof, which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise;
3. A vehicle, or parts thereof, that is located behind a legally permitted, solid fence six (6') feet in height, in a lawful manner where it is not visible from the street or other public or private property.
d. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this section.
e. As used in this section, the following definitions shall be used:
1. HIGHWAY means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. “Highway” includes street.
2. OWNER OF THE LAND means the owner of the land on which the vehicle, or parts thereof, is located, as shown on the last equalized assessment roll.
3. OWNER OF THE VEHICLE means the last registered owner and legal owner of record.
4. VEHICLE means a device by which any person or property may be propelled, moved, or drawn upon a highway except a device moved by human power or used exclusively upon stationary rails or tracks. (Ord. #2012-159; Ord. #228-2019, S2)