§ 14-01-140. Generally—Outdoor automotive storage.

(a)

Definitions. As used in this section:

Dismantled or partially dismantled vehicle means any motor vehicle from which some part or parts which are ordinarily a component thereof have been removed or are missing.

Inoperable motor vehicle means any motor vehicle which by reason of dismantling, disrepair or other cause is incapable of being propelled by its own power and/or any motor vehicle which does not have lawfully affixed thereto an unexpired license plate or plates.

Motor vehicle means any wheeled vehicle which is self-propelled and designed to travel along the ground and shall include, but not be limited to automobiles, buses, motorbikes, motorcycles, motorscooters, trucks, tractors, go-carts, golf carts, recreational vehicles and trailers.

(b)

Declared nuisance. The presence of a dismantled, partially dismantled, or inoperable vehicle or motor vehicle or parts thereof on any street, occupied or unoccupied land within the city limits in violation of the terms of this section is a public nuisance.

(c)

Prohibited acts. It is unlawful for any person, firm or corporation to store on, or permit to be stored or placed on, or allow to remain on any public or private property or street or highway within the city limits a dismantled, partially dismantled or inoperable motor vehicle or any parts of a motor vehicle unless such vehicle is in an enclosed building or on property which is enclosed with a fence or wall and such vehicle is not visible from adjoining or surrounding property or from the street or streets or public ways. This section shall not apply to a vehicle or vehicles on the premises of a duly licensed business in zones where such activity is within the contemplated purposes of such duly licensed business under the provisions of the zoning ordinance of the city.

(d)

Exceptions. An owner or tenant may store, permit to be stored or allow to remain upon his premises any dismantled, partially dismantled, or inoperable motor vehicle or parts thereof for a period not to exceed sixty (60) days upon receipt of a permit from the city clerk if such motor vehicle is registered in his name.

(e)

Permit. Upon application by the registered owner of a motor vehicle covered by this section, and upon the proof of hardship, the city clerk is hereby authorized to issue the permit provided by this section and shall require the payment of sixty dollars ($60.00) for each permit issued.

(f)

Removal of vehicles. Upon the later of the expiration of a permit referenced in sub-section (d) or notification of the violation, the department of public safety may, after giving written notice to both the person responsible for the property and the vehicle's last known owner, order the vehicle towed from the premises.

The notice of towing shall inform an interested party that they may request a hearing before the city manager or his designee to show cause why the vehicle is not in violation of the ordinance. Requests for hearing must be filed in writing with the city manager within ten (10) calendar days of the notice of towing. If a hearing is requested, the requesting party shall be given written notice by first class mail of the hearing at least ten (10) calendar days before the hearing.

(Code 1960, § 6-2-30; Ord. No. 552, 1-11-77; Ord. No. 1003, § 79, 3-25-97; Ord. No. 1261, § 2, 3-28-06)

State law reference

Similar provisions, N.M.S.A. 130-15-1.