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HomeMy WebLinkAboutOrdinance No. 1438, Amending Chapter 404, Vehicle Ordinance No. 1438 Amending the Fridley City Code Chapter 404 Vehicles The City Council of the City of Fridley does ordain after review, examination, and staff recommendation that the Fridley City Code be amended as follows: That Chapter 404 of the City Code entitled, “Vehicles” be hereby amended as follows: Fridley City Code Chapter 404 Vehicles 404.01 Purpose Abandoned or junk vehicles constitute a hazard to the health and welfare of the residents of the community. Abandoned or junk vehicles can harbor noxious diseases, serve as shelter and breeding places for vermin, may contain fluids that can cause significant health risks, and otherwise present physical dangers to the safety and well-being of children and other citizens. Abandoned or junk vehicles also constitute a blight on the landscape of the City. . It is in the public interest that the present accumulation of abandoned or junk vehicles be eliminated, that future abandonment of vehicles be prevented, and that other acceptable methods for the disposal of abandoned or junk vehicles be utilized. 404.02 Definitions Abandoned Vehicle: A vehicle that has remained illegally on public property within the City for a period of more than 48 hours illegally or has remained for a period of more than four hours on private property without consent of the person in control of the property and lacks vital component parts or is in an inoperable condition such that it has no substantial potential for further use consistent with its usual functions, unless it is kept in an enclosed garage or storage building.. A classic car or pioneer car, as defined by Minnesota Statutes (M.S.) § 168.10 is not considered an abandoned vehicle within the meaning of this Section. Vehicles on the premises of junk yards and automobile graveyards that are defined, maintained, and licensed in accordance with M.S. § 161.242, or that are licensed and maintained in accordance with local laws and zoning regulations, are not considered abandoned vehicles. A vehicle being held for storage by agreement or being held under police authority or pursuant to a writ or court order is not considered abandoned, nor may it be processed as abandoned while the police hold, writ, or court order is in effect. Garagekeeper: An operator of a parking place or establishment, an operator of a motor vehicle storage facility, or an operator of an establishment for the servicing, repair, or maintenance of motor vehicles. Inoperable Vehicle: A vehicle that has a missing or defective part that is necessary for the normal operation of the vehicle; or is stored on blocks, jacks or other supports; or has not had a current vehicle license for at least 90 days for operation within the State of Minnesota or otherwise in a condition which renders it unlawful to operate in the State of Minnesota. Junk Vehicle: A vehicle that meets all of the following criteria: is not in operable condition, or which is partially dismantled, or which is used for sale of parts or as a source of repair or replacement parts for other vehicles, or which is kept for scrapping, dismantling, or salvage of any kind, or has no substantial potential use consistent with its usual function. 1. Is extensively damaged with the damage including such things as broken or missing wheels, motor, drive train, transmission or appears to be otherwise inoperable; and 2. Does not have a valid and current registration plate. Motor Vehicle: Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including automobiles, trucks, trailers, motorcycles, and tractors; and excepting devices used exclusively upon stationary rails or tracks. including automobiles, trucks, trailers, motorcycles, and tractors. 404.03 Impoundment Authority to Impound Vehicles The City or its duly authorized agent may take into custody and impound any abandoned, inoperable, or junk motor vehicle. Inoperable or junk vehicles on public property. No person shall park, keep, place, store or abandon any junk vehicle or inoperable vehicle on a public street, alley, or public property within the city. The City Manager, designee or any peace officer employed or whose services are contracted for by the city may take into custody and impound any inoperable or junk vehicle. Vehicles on private property. No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any junk vehicle or inoperable vehicle to be parked, stored, kept, or otherwise placed on property longer than 48 hours; and no person shall leave any such vehicle on any property within the city for a longer time than 48 hours, except as follows: 1.If the vehicle is located in an enclosed building; or 2. The vehicle is located on the premises of a business operated in a lawful place and manner, when necessary to the operation of such business; or 3.The vehicle is located in an appropriate storage place or depository maintained in a lawful place and manner by the city. Notice and hearing. Before impounding a junk vehicle or inoperable vehicle, the City Manager or designee must give 7 days' written notice through service by mail, by posting a notice on the property or vehicle, or by personal delivery to the owner of the person in control of the property on which the vehicle is located. When the property is occupied, service upon the occupant is deemed service upon the owner. Where the property is unoccupied or abandoned, service may be by mail to the last known owner of record of the property or by posting on the property. The notice must state: 1. A description of the vehicle; 2. That the vehicle must be moved or properly stored within 7 days of the vehicle being tagged; 3. That if the vehicle is not removed or properly stored as ordered, the vehicle will be towed and impounded at an identified location; 4. That the vehicle may be reclaimed in accordance with the procedures contained in M.S. § 168B.07 or disposed of in accordance with M.S. § 168B.08; and 5. That the owner of the vehicle or the owner of the person in control of the property on which the vehicle is located may in writing request a hearing before the City Manager or designee. 404.04 Sale of Abandoned or Junk Vehicles An impounded abandoned, unlicensed, or junk vehicle is eligible for disposal or sale 15 days after notice to the owner. This includes junk vehicles that have a valid, current registration plate. 404.05 Notice of Sale 1. When an abandoned, unlicensed, or junk vehicle is taken into custody, the City or impound lot operator taking it into custody must give written notice of the taking within five business days, to the registered vehicle owner and any lienholders. The notice must set forth the date and place of the taking, the year, make, model and serial number of impounded vehicle (if such information can be reasonably obtained), and the place where the vehicle is being held. The notice must further inform the owner and any lienholders of their right to reclaim the vehicle under this Chapter, and state that failure of the owner or lienholders to exercise their right to reclaim the vehicle will be deemed a waiver by them of all right, title, and interest in the contents and a consent to the sale of the vehicle at a public auction pursuant to this Chapter. The notice must also state that a vehicle owner who provides to the impound lot operator documents from a government or nonprofit agency or legal aid office that the owner is homeless, receives relief based on need, or is eligible for legal aid services, has the unencumbered right to retrieve any and all contents without charge. “Contents” does not include any permanently affixed mechanical or nonmechanical automobile parts; automobile body parts; or automobile accessories, including audio or video players. 2. The notice will be sent by mail to the registered owner, if any, of the impounded vehicle and to all readily identifiable lienholders of record. The notice shall be mailed to the registered owner at the address provided by the motor vehicle division of the Minnesota Department of Public Safety or the corresponding agency of any other state or province. If the person mailing the notice has reason to believe that the registered owner of the vehicle, or any person who claims to be the registered owner of the vehicle, is at a different address, a copy of the notice shall be mailed or personally delivered to the owner or claimant so as to give them actual notice of the sale. If it is impossible to determine, with reasonable certainty, the identity and address of the registered owner or any lienholders, the notice shall be published once in a newspaper of general circulation in the area where the motor vehicle was towed from or abandoned. Published notices may be grouped together for convenience and economy. 404.06 Reclaim 1. The owner or any lienholder of an abandoned, unlicensed, or junk motor vehicle will have a right to reclaim such vehicle from the City upon payment of all towing and storage charges resulting from taking the vehicle into custody within 15 days after the date of the notice required by this Chapter. 2. Nothing in this Chapter may be construed to impair any lien of a garagekeeper or the right of a lienholder to foreclose. 404.07 Appeals 1. Any person contesting a citation or decision associated with violations of this Chapter may file an appeal pursuant to the Appeals and Administrative Citations chapter of the Code. 2. Within 14 business days of a determination by the Hearing Examiner, any person contesting that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal, or modify that decision. 404.08 Public Sale 1. An abandoned, unlicensed, or junk motor vehicle taken into custody and not reclaimed under this Chapter becomes the property of the City and may be sold by the City at public auction or sale. The purchaser of the vehicle must be given a receipt in a form prescribed by the registrar of motor vehicles, which will be sufficient title to dispose of the vehicle. The receipt may also entitle the purchaser of the vehicle to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. Before a vehicle is issued a new certificate of title, it must receive a motor vehicle safety check. 2. Vehicles not sold pursuant to this Section must be disposed of in accordance with M.S. § 168B.09. 3. From the proceeds of the sale under this section of the vehicle, the City will reimburse itself for the cost of towing, preserving, and storing the vehicle. The City may retain all proceeds from the sale of any personal belongings and contents in the vehicle that were not claimed by the owner or the owner’s agent before the sale, except that any suspected contraband or other items that likely would be subject to forfeiture in a criminal trial must be turned over to the appropriate law enforcement agency. Any remainder from the proceeds of a sale must be held for the owner of the vehicle or entitled lienholder for 90 days and then must be deposited with the City. 404.09 Disposal Authority The City may contract with others or utilize its own equipment and personnel for the inventory of impounded vehicles and abandoned scrap metal, and if no bids are received, may utilize its own equipment and personnel for the collection, storage and transportation of these vehicles; provided, however, that the City may utilize its own equipment and personnel for the collection and storage of not more than five abandoned motor vehicles without advertising for or receiving bids in any 120 day period. 404.10 Vehicle Towing 1. All persons who tow or otherwise transport vehicles into, from, or through the City of Fridley (City), or who are under contract with the City to tow or transport vehicles, must not tow or otherwise transport a vehicle without taking reasonable steps to prevent or minimize the loss of parts or leaking of fluid from the vehicle, in accordance with safety concerns of both the public and the person transporting or towing the vehicle. 2. If fluids from the vehicle have leaked prior to towing or transporting the vehicle, or a leak from the vehicle occurs during towing or transportation, reasonable steps must promptly be taken by the person towing or transporting the vehicle to clean up and otherwise contain and remove the leaked fluids. 3. Persons who store vehicles towed or transported under this Chapter must comply with all environmental laws and regulations governing the leakage of motor vehicle fluids once the vehicle reaches the towing or transportation destination. 4. Any person removing a wrecked or damaged vehicle from a highway, road, alley, or street must also remove any glass, fluids, vehicle pieces, or other injurious substances from the highway, road, alley, or street. th Passed and adopted by the City Council of the City of Fridley on this 26 day of May, 2026. ______________________________________ Dave Ostwald - Mayor ______________________________________ Melissa Moore - City Clerk First Reading: May 11, 2026 Second Reading: May 26, 2026 Publication: May 29, 2026