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A. Definitions. In this section unless the context requires otherwise:

1. "Abandoned vehicle" has the meaning set forth in Title 28 of the Arizona Revised Statutes and additionally means any vehicle that is missing current license plates or tabs, is inoperable, is missing body parts, is incapable of operating under its own power, is missing glass or has shattered or broken glass that prevents safe operation, is missing wheels or has flat tires.

2. "Abandoned vehicle parts" means any vehicle part which is inoperable, unclaimed, scrapped, junked, discarded or not used in or on any vehicle.

3. "Classic car" means a vehicle licensed pursuant to A.R.S. Title 28, Chapter 3, Article 2 as a horseless carriage, classic car or historic vehicle.

4. "Private property" means land owned by any person other than the United States, the state, or a political subdivision of the state.

5. "Unsheltered" means anything located outside a garage in such a manner as to be visible to a person standing upon any public street, alley, sidewalk or right-of-way or to any person standing at ground level upon any adjoining piece of property.

6. "Vehicle" means a self-propelled device in, upon or by which any person or property is or may be transported or drawn upon a public highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

7. "Vehicle parts" means any parts, components or accessories of a vehicle.

B. Unsheltered Storage Prohibited

1. The unsheltered storage of any abandoned vehicle or abandoned vehicle parts on private or public property within the corporate limits of the Town for the time periods set forth in A.R.S. §28-4801(1) as amended, is hereby declared to be a nuisance and dangerous to the public safety.

2. The provisions of paragraph 1 of this subsection shall not apply to the storage of abandoned vehicles or abandoned vehicle parts on the premises of a business enterprise operating in a lawful place and manner when necessary to the operation of such business enterprise or to a storage place or depository for vehicles or vehicle parts maintained in a lawful place and manner. The exceptions contained in this paragraph shall be an affirmative defense to be pled and proved by the defendant in any judicial proceedings under this section.

C. Removal/Penalty.

1. The owner, tenant, lessee or other occupant of any private property within the corporate limits of the Town upon which storage is prohibited by subsection (B) of this section and also the owner of such abandoned vehicles or abandoned vehicle parts involved in such storage shall jointly and severally abate the nuisance.

2. Any person who fails, neglects or refuses to abate such nuisance specified in subsection (B)(1) of this section shall be notified in writing to abate the nuisance within the time period appearing on such written notice. Such notice may be placed on the subject vehicle. Failure to comply with written notification may be punishable as set forth in Section 1-8-3.

3. When any person to whom notice has been provided according to this subsection fails, neglects or refuses to abate the nuisance within the time period appearing on the notice, the Town Manager or his designee is hereby authorized to remove the abandoned vehicle or abandoned vehicle parts from the premises, store same, and dispose of same according to law.

4. The owner, tenant, lessee or other occupant of any private property, from which the Town has removed an abandoned vehicle or abandoned vehicle parts pursuant to this section, shall be liable for all costs incurred in removing said items from the property.

5. Each day that a violation continues may be a separate offense punishable by imposition of a civil sanction. Service of any citation for violation of this article may be accomplished, and will be deemed proper and complete, by affixing the citation to the vehicle owned by the defendant which constitutes the parking, location or abandonment offense charged in the citation. The imposition of any penalty shall not exempt the offender from compliance with the requirements of this section. (2021-29, Amended, 09/21/2021; 21-14, Amended, 09/21/2021; 17-02, Amended, 06/01/2017)