Ordinance 784
ORDINANCE NO. 784
ORDINANCE OF THE CITY OF GILROY DECLARING WRECKEDc
JUNKED, DISMANTLED, ABANDONED, AND UNLICENSED MOTOR
VEHICLES LEFT ON PRIVATE PROPERTY IN THE CITY OF
GILROY TO BE NUISANCEI DEFINING WORDS AND TERMS,
PROHIBITING THE STORAGE OF SUCH VEHICLES ON PRIVATE
PROPERTY IN EXCESS OF SEVENTY-TWO (72) HOURS, PRO-
VIDING FOR THE REMOVAL THEREOF, AND MAKING THE VIO-
LATION OF THE ORDINANCE A MISDEMEANOR.
The City Council of the City of Gilroy does ordain as fol-
lows:
SECTION I. DECLARATION OF PUBLIC NUISANCE
The accumulation and storage of abandoned, wrecked, junked,
partially dismantled or inoperative motor vehicles on private
property is hereby found to create an unsightly condition upon
private premises, tending to reduce the value of private property,
to invite plundering, to create fire hazards, and when open to
view, to constitute an attractive nuisance creating a hazard to
the health and safety of minors. Such accumulation and storage
of vehicles is further found to promote urban blight and deteri-
oration in the community; to violate the zoning regulations of the
City in many instances, particularly where such vehicles are main-
tained in the required front or side yard areas of residential
property; and that such wrecked, junked, abandoned, or partially
dismantled or inoperative motor vehicles are in the nature of rub-
bish, litter, and unsightly debris in violation of health and sani-
tation laws. Therefore, the accumulation and storage of such ve-
hicles on private property, except as expressly hereinafter per-
mitted, is h~reby declared to constitute a public nuisance which
may be abated as such, which remedy shall be in addition to any
other remedy provided in this Ordinance or by State law.
SECTION II. DEFINITIONS
For the purpose of this Ordinance, the following words and
terms shall have the designated meaning, unless it is c~ from
the text that a different meaning is indicated:
(a) ABANDONED VEHICLE means any motor vehicle to which the
last registered owner of record thereof has relinquished all
further dominion and control. Any vehicle which is wrecked
or partially dismantled or inoperative for a period of 7
days shall constitute a prima facie presumption that the
last registered owner thereof has abandoned such vehicle,
regardless of whether the physical possession of said
vehicle remains in the technical custody or control of such
owner.
(b) PROPERTY means any real property within the City of
Gilroy which is not a street or highway.
(c) VEHICLE means a machine propelled by power other than
human power, designed to travel along the ground by use of
wheels, treads, runners or slides, and transports persons
or property or pull machinery, and shall include, without
limitation, automobile, truck, trailer, motorcycle, tractor,
buggy and wagon.
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SECTION III. STORAGE OF ABANDONEDr JUNKEDr DISMANTLED
VEHICLES ON PRIVATE PROPERTY PROHIBITED
No person shall park, store, or leave or permit the parking,
storing, or leaving of any motor vehicle which is in a rusted,
wrecked, junked, partially dismantled, inoperative, or abandoned con-
dition upon any private property within the City for a period in ex-
cess of seven (7) days unless such vehicle is so stored or parked
on private property in connection with a duly licensed business or
commercial enterprise operated and conducted pursuant to law when
such parking or storing of vehicles is necessary to the operation
of the business or commercial enterprise or is so kept as not to be
visible from any adjoining property or from a public street.
SECTION IV. NOTICE REQUIRING REMOVAL OF JUNKED r ABANDONED
OR DISMANTLED VEHICLES
Whenever it shall appear that a violation of the provisions of
this Ordinance exists, the Chief of the Gilroy Police Department
shall give, or cause to be given, written notice to the registered
owner of any motor vehicle which is in violation of this Ordinance,
and shall give such notice to the owner or person in lawful posses-
sion or control of the private property upon which such motor ve-
hicle is located, advising that said motor vehicle violates the pro-
visions of this Ordinance, and directing that said motor vehicle be
moved to a place of lawful storage within seventy-two (72) hours,
or that withing seventy-two (72) hours, the said vehicle be housed
within a building. Such motice may be served upon the registered
owner of the vehicle by mail, addressed to said owner at the last
known address of record of the Department of Motor Vehicles. Such
notice to the owner or person in lawful possession or control of
the property upon which such motor vehicle is located shall be per-
sonally served upon such owner or person in possession if such owner
or occupant cannot be found upon said property. In lieu of personal
service upon the owner of occupant of the private property upon
which the motor vehicle is located, the notice shall be served by
mail, addressed to the owner of such property according to the last
County Tax Assessor's rolls, and a copy of such notice shall be con-
spicuously posted upon the premises.
SECTION V. FAILURE TO REMOVE~ MISDEMEANOR
Any person who fails, neglects or refuses to remove the aban-
doned, wrecked, junked, partially dismantled or inoperative motor
vehicle or to house such vehicle and abate such nuisance in accor-
dance with the notice given pursuant to the provisions of Section IV
shall be guilty of a misdemeanor.
SECTION VI. ABATEMENT AND REMOVAL BY CITY
If the registered owner of any motor vehicle which is in vio-
lation of this Ordinance, or if the owner or person in lawful pos-
session or control of the private property upon which said vehicle
is located shall fail, neglect, or refuse to remove or house such
vehicle in accordance with the notice given pursuant to Section IV,
the Chief of Police may remove or cause to be removed and dispose
of such motor vehicle in the manner provided for by Article 2 (com-
mencing with Section 22700) and Article 3 (~ommencing with Section
22850) of Chapter 10, Division 1 of the California Vehicle Code.
The City may thereafter maintain an action in the appropriate Court
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against any person or persons upon whom notice was served as re-
quired by Section IV of this Ordinance to recover the cost of re-
moving and disposing of such motor vehicle in the event the pro-
ceeds of any sale thereof shall be insufficient to recover such
costs.
SECTION VII. ENTRY UPON PRIVATE PROPERTY FOR REMOVAL OR
ABATEMENT; AUTHORIZED
Any regularly employed and salaried officer of the Gilroy
Police Department, and all authorized officers, employees and
agents of the City, and each of them, are hereby expressly author-
ized to enter upon private property for the purpose of enforcing
the provisions of this Ordinance. It shall be unlawful for any
person to interfere, hinder or refuse to allow such persons so
authorized to enter upon private property for the purpose of en-
forcing the provisions of this Ordinance.
SECTION VIII. EMERGENCY ORDINANCE
This is an Emergency Ordinance which shall take effect im-
mediately upon its passage and approval. The facts and circum-
stances giving rise to the emergency are as follows:
The storage or keeping of abandoned or inoperable motor
vehicles upon private premises in the City of Gilroy has been in-
creasing and said vehicles constitute an attractive nuisance to
children and become a menace and danger thereto because of broken
glass or other conditions and there are a number of instances where
serious injury has been caused to children because of their playing
around and in an abandoned, discarded or inoperable automobilei be-
sides said vehicles constitute a menace to health for the reason
that they are being used in numerous instances as a collector of
debris, other waste materials and garbage which are indiscriminately
thrown into the vehicles by careless, reckless and thoughtless in-
dividuals and unless said automobiles are prevented from collecting
or being kept on said private property their menace to health and
danger to children will increase and be detrimental to the public
welfare.
This Ordinance was introduced as an emergency measure and
passed and adopted to become effective immediately and ordered
published by title and summary in accordance with provisions of the
City Charter at a regular session of the City Council held on the
16th day of January, 1967, by the following vote:
AYES: COUNCILMEMBERS: All emand, Duff in, Ecka rd,Goodr i ch ,Quart i ro 1 i ,
Wentwort~, and Petersen.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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ATTEST :' , ,,/
0) ltcJ({'pvM./J' 2, I '~:~~~
City Clerk,'?
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APPROVED:
Mayor
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I, SUSANNE E. PAYNE ,City Clerk of
the City of Gilroy, do hereby certify that the attached Ordinance
No. 784 is an original ordinance, duly adopted by the Council
of the City of Gilroy at a regular meeting of said Council held on
the 16th day of January ,19 67 , at which meeting
a quorum was present.
further certify that the said ordinance has been pub-
lished in accordance with the charter of the City of Gilroy.
IN WITNESS WHEREOF, I have hereunto set my hand and af-
fixed the official seal of the City of Gilroy, this 17th day of