Ordinance 2011-03

An Ordinance Regulating the Storage of Junk Motor Vehicles Within the Village of Killbuck, Ohio

Download a PDF copy of the ordinance.

WHEREAS, the Village Council for the Village of Killbuck, Ohio has determined that junk

motor vehicles stored within the Village cause risk to safety as well as to appearance of said

Village, and

WHEREAS the council has determined that a need exists for amendment to Ordinance Number

2008-05; now therefore

BE IT ORDAINED by the Council of the Village of Killbuck, State of Ohio:

SECTION 1 - The following subsections are hereby enacted by Ordinance by Killbuck Village

Council

Section 660.07 – STORAGE OF JUNK AND / OR COLLECTOR VEHICLES

a) As used in this section, “Junk Motor Vehicle” means any motor vehicle which has the

following damages or conditions: missing wheels, flat tires, motor or transmission issues,

wrecked or the appearance of being inoperable and which such vehicle has been left in the

open whether covered or not on private property for more than seventy-two hours and which

does not fall under the definition of “Collector Vehicle” pursuant to Ohio Revised Code

Section 4501.01(F).

b) “Junk Motor Vehicle,” as defined herein, also includes but is not limited to, parts of

machinery or other motor vehicles which are not licensed for use upon the highways of the

State of Ohio that are left in the open whether covered or not on private property for fifteen

days or more. Excepted from this definition are unlicensed but operative vehicles which are

kept as the stock in trade of regularly licensed and established new or used automotive

dealers.

c) No person shall be prevented from storing or keeping any unlicensed “Collector Vehicle,” as

defined in the Ohio Revised Code, on private property. However, any “Collector Vehicle” shall

be stored in a permanent, standing building and shall not be stored in the open.

d) Written notice to persons in violation of this ordinance may be sent by certified mail with

return receipt requested or delivered in person by any official of the Village of Killbuck or any

Law Enforcement Agency on behalf of the Village of Killbuck. Such notice will provide that

within ten days of the receipt of the notice that the “Junk Motor Vehicle” or “Collector Vehicle”

either shall be housed in a garage or other suitable permanent standing structure or shall be

removed from the property.

e) No persons shall willfully leave a “Junk Motor Vehicle” or an unlicensed “Collector Vehicle”

in the open and not in a garage or suitable structure of permanent stability as indicated herein for

more than ten days after receipt of notice as provided in this section. The fact that a “Junk Motor

Vehicle” or an unlicensed “Collector Vehicle” is so left is prime-facie evidence of willful failure

to comply with the notice.

Section 660.08 - PENALTIES

Whoever violates section 660.07 shall be deemed guilty of a minor misdemeanor upon a first

offense and upon conviction thereof shall be subject to a mandatory nonsuspendable fine of One

Hundred Fifty and No/100 Dollars ($150.00). On a second offense and all subsequent offenses

within one (1) year after the first offense, such person is guilty of a misdemeanor of the fourth

degree and shall be subject to imprisonment for a term not to exceed thirty (30) days and/or a

mandatory nonsuspendable fine of Two Hundred Fifty and No/100 Dollars ($250.00).

Section 2

This Ordinance shall take effect and be in force from and after the earliest period allowed by law.

Ordinance Number 2008-05 is hereby repealed.

Passed at a regular meeting of the Village Council, duly convened with a quorum present, this

____ day of ________________, 2011.

President of Council

ATTEST:

___________________________

Village Fiscal Officer

APPROVED:

___________________________

Village Mayor