ARTICLE III. - ABANDONED MOTOR VEHICLES


Sec. 106-51. - Short title.

This article shall be known as the Pasco County Abandoned Motor Vehicles Ordinance.

(Ord. No. 95-07, § 1, 5-23-95)

Sec. 106-52. - Purpose and intent.

Since motor vehicles are and will in the future be abandoned in the streets and on private property, and since there are or may in the future be partially dismantled, nonoperating, wrecked, or junked vehicles left about the county other than in junkyards; and since 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 and adults; interfere with the comfort and well-being of the public, the purpose of this article is, therefore, to provide adequate protection of the public health, safety, and welfare which requires that such conditions be regulated, abated, or prohibited.

(Ord. No. 95-07, § 2, 5-23-95)

Sec. 106-53. - Definitions.

For the purposes of this article, the following definitions shall apply in the interpretation, enforcement, and intent of this article:

Motor vehicle means all vehicles designed to be propelled by power other than human power along the ground by the use of wheels, treads, runners, or slides, and to transport persons or property or pull machinery and shall include, without limitation, an automobile, truck, trailer, motorcycle, or tractor.

Person means any person, firm, partnership, or corporation.

Property means any real property within the unincorporated areas of the county which is not a street or highway.

Street or highway means the entire width between the boundary lines of any road, street, highway, alley, or any part of which is open to the public for use purposes by vehicular traffic, within the unincorporated areas of the county.

(Ord. No. 95-07, § 3, 5-23-95)

Sec. 106-54. - Outdoor storage of inoperative, unregistered, abandoned, or wrecked vehicles on any property prohibited.

It shall be a violation of this article for any person, firm, or a corporation to keep or permit the keeping, dumping, storing, placing, or depositing of inoperative, unlicensed, unregistered, abandoned, junked, disabled, wrecked, discarded or otherwise unused motor vehicles on any property, street, or highway.

An inoperative vehicle includes a vehicle that is in a state of disrepair and incapable of immediate movement under its own power, or a vehicle that is incapable of being lawfully operated on the streets of the state. A vehicle shall be deemed inoperative if one or more parts which are required for the operation of the vehicle are missing, are dismantled, are inoperative or are not attached to the vehicle as designed. A vehicle shall be presumed incapable of being lawfully operated on the streets of the state if a current registration tag, also known as a license plate, of a kind required under state law as a condition of operation upon the public streets or highways, is not affixed to the assigned vehicle.

This section does not apply to vehicles located in a junkyard lawfully situated and licensed for the same, or in a completely enclosed garage or enclosed carport as provided in section 106-57.

(Ord. No. 03-37, § 2, 12-2-03)

Editor's note—

Ord. No. 03-37, § 2, adopted Dec. 2, 2003, repealed section 106-54 in its entirety and replaced it with a new section 106-54. Former section 106-54 pertained to the prohibition on storage of abandoned, junked or dismantled vehicles on any property, and derived from Ord. No. 95-07, § 4, adopted May 23, 1995.

Sec. 106-55. - Persons responsible for unused motor vehicles.

Persons coming within the purview of this article shall include jointly and severally the owner of such motor vehicle and/or the owner of the property or person in control or responsible for the property upon which such motor vehicle is located.

(Ord. No. 95-07, § 5, 5-23-95)

Sec. 106-56. - Motor vehicles covered within this article.

Motor vehicles coming within the purview of this article shall include motor vehicles incapable of being self-propelled.

(Ord. No. 95-07, § 6, 5-23-95)

Sec. 106-57. - Authorized storage of disabled motor vehicles.

Storage, service, and repair of a disabled motor vehicle which is conducted entirely within the confines of a completely enclosed garage, not to include open carports, shall be permitted, provided that the motor vehicle is the property of the owner or occupier of the lot and that such use is not a commercial use of the property unless such use is authorized by other ordinances of the county.

(Ord. No. 95-07, § 7, 5-23-95)

Sec. 106-58. - Civil infractions; citations and civil penalties; injunctive relief.

(a)

Any person who violates any provision of this article shall be prosecuted and punished in the manner provided by law under F.S. § 125.69, the Uniform Citation and Fine Ordinance for Pasco County, or under any adopted code enforcement ordinance. Each day the violation continues shall constitute a separate violation. All costs for enforcement, constitute a separate violation. All costs for enforcement, prosecution, and judicial review shall be assessed against the violator of the provisions of this Code on finding by the court or code enforcement board that the violations have occurred.

(b)

Any law enforcement official or county code compliance officer is hereby authorized to issue citations under the Uniform Citation and Fine Ordinance for Pasco County or pursuant to the code enforcement board requirements of this Code.

(c)

The board or any aggrieved person may resort to such remedies in law and equity as may be necessary to ensure compliance with the provisions of this article, including injunctive relief, to enjoin and restrain any person violating said provisions. The county attorney's office is hereby authorized to take whatever legal action is necessary to prevent, abate, or correct violations of this article.

(Ord. No. 95-07, § 8, 5-23-95)