ORDINANCE NO. ______, SERIES 2021
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AN ORDINANCE AMENDING LOUISVILLE METRO CODE OF ORDINANCES SECTION 72.039 RELATING TO ABANDONED AND JUNKED VEHICLES.
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SPONSORED BY: COUNCIL MEMBERS GEORGE AND ARTHUR
WHEREAS, Metro Government is responsible for ensuring the safety and the maintenance of its public roadways; and
WHEREAS, abandoned and junked vehicles can create safety issues, inhibit the rights of others to access public space, and contribute to blight; and
WHEREAS, communication regarding expectations around parking and use of public space is limited and therefore warrants proper notification of a violation prior to towing in instances where safety issues aren’t present; and
WHEREAS, a recently expired license tag alone is insufficient enough to determine junked status.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:
SECTION I. Louisville Metro Code of Ordinances §72.039 is hereby amended as follows:
§72.039 ALL NIGHT PARKING; ABANDONED AND JUNKED VEHICLES; EXPIRED VEHICLE REGISTRATION.
(A) It shall be a parking violation for anyone to park in any one place any vehicle on any of the public ways of Metro Government for a period of 24 hours or longer.
(B) A vehicle parked in one place upon a public way for three consecutive days, after being marked with a warning, shall be deemed abandoned and shall be subject to all existing regulations of Metro Government pertaining to motor vehicles. The warning shall be affixed to the vehicle window closest to the roadway, and shall include a notation of the length of time the vehicle has been in that location, which shall serve as notice to the owner/operator of the vehicle that the vehicle is subject to impound.
(C) (1) Junked vehicle means any vehicle which is inoperative or reasonably appears to be inoperative; wrecked; dismantled; partially dismantled; or discarded. Conditions which may indicate that a motor vehicle is "junked" include, but not limited to extensively rusted, or without all properly inflated tires, windshields, window glass, major chassis components, brake lights, or without any other vehicle component required by law, or with an expired license plate or registration tag or without a license plate or registration tag., or with a license plate or registration tag that has been expired for 3 or more months.
(2) A junked vehicle located on a public way shall be deemed a public nuisance.
(3) It shall be a parking violation for any person or persons to cause or allow a junked vehicle to be placed, located, maintained, or to exist upon the public way.
(4) Any junked vehicle located on the public way is subject to being removed pursuant to §72.128; provided, however, that a vehicle with a license plate or registration tag that has been expired for 3 or more months, and not considered a junked vehicle for any other reason, shall not be subject to removal unless it has first been marked with a warning as provided in paragraph (B) above and 72 hours have passed from time specified in the marking.
(D) It shall be a parking violation to park or store upon a public way any device, which is not capable of being driven under its own power (self-propelled), or which cannot legally be operated on public ways. Such devices include but are not limited to trailers and boats. Any such device parked on the public way is subject to being removed pursuant to §72.128.
(E) It shall be a parking violation to park or store upon a public way any vehicle with an expired license plate or registration tag or without a license plate or registration tag.
SECTION II. This Ordinance shall take effect upon its passage and approval.
_______________________________ _____________________________
Sonya Harward David James
Metro Council Clerk President of the Council
________________________________ _____________________________
Greg Fischer Approval Date
Mayor
APPROVED AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
By: ___________________________
O-176-21 - abandoned and junked vehicles v.1 - mhh