City of Ellsworth

 Did you know?
    Ellsworth has Code of Ordinances in place.   Different subjects are being spotlighted here  and sections will only be high lighted.  A completed copy of the Code of Ordinances is in City Hall and the Ellsworth Public Library.   This Ordinances pertains to Junk and Junk Vehicles.


JUNK AND JUNK VEHICLES

DEFINITIONS. the following terms are defined:

    1. “Junk” means all old or scrap copper, brass, lead, or any other non-ferrous             metal; old or discarded rope, rags, batteries, paper, trash, rubber debris, waste or used lumber, or salvaged wood; dismantled vehicles, machinery and  appliances or parts of such vehicles, machinery or appliances; iron, steel or other old or scrap ferrous materials; old or discarded glass, tinware, plastic or old or discarded household goods or hardware.  Neatly stacked firewood  located on a side yard or rear yard is not considered junk.

    2. “Junk vehicle” means any vehicle that is unlicensed, or placed in storage with             the County Treasurer, or which has any of the following characteristics:

        A. Broken Glass.  Any vehicle with a broken or cracked windshield,                 window, headlight or tail light, or any other cracked or broken glass.

        B. Broken, Loose or Missing Part.  Any vehicle with a broken, loose or                 missing fender, door, bumper, hood, hood ornament, door handle, window handle, running board, steering wheel, trunk top, trunk handle, radio aerial, tail pipe, decorative piece or tires in a condition that would impair the safe operation of the vehicle.

        C. Habitat for Nuisance Animals or Insects.  Any vehicle which has                     become the habitat for rats, mice or snakes or any other vermin or insects.

        D. Flammable Fuel.  Any vehicle which contains gasoline or any other                 flammable fuel.

        E. Inoperable.  Any motor vehicle which lacks an engine or two or more                 wheels or other structural parts, rendering said motor vehicle totally                 inoperable, or which cannot be moved under its own power or has not been used as an operating vehicle for a period of thirty (30) days or more.

        F.  Defective or Obsolete Condition.  Any other vehicle which, because of                 its defective or obsolete condition, in any other way constitutes a threat to the public health and safety.

Mere licensing of such vehicle shall not constitute a defense to the finding that the vehicle is a junk vehicle.

    3.  “Vehicle” means every device in, upon, or by which a person or property is or     may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and includes without limitation a motor vehicle, automobile, truck, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof.

JUNK AND JUNK VEHICLES PROHIBITED.    It is unlawful for any person to store, accumulate, or allow to remain on any private property within the corporate limits of the city any junk or junk vehicle.

JUNK AND JUNK VEHICLES A NUISANCE. It is hereby declared that any junk or junk vehicle located upon private property, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of Code of Iowa.  If any junk or junk vehicle is kept upon private property in violation hereof, the owner of or person occupying the property upon which it is located shall be prima facie liable for said violation.

EXCEPTIONS. The provisions of this chapter do not apply to any junk or a junk vehicle stored within a garage or other enclosed structure.

NOTICE TO ABATE. Upon discovery of any junk or junk vehicle located upon private property in violation, the City shall within five (5) days initiate abatement procedures.