Ordinance: 05-03-145

 

City of Horn Lake Parking, Vehicle and Appliance ordinance

 

Text Box: An ordinance to establish a city commercial vehicle route; prohibit abandonment of vehicles; regulate parking on streets and highways; regulate the parking of recreational equipment; regulate junk appliances and rubbish; imposing penalties and repealing ordinances: 98-04-77, 00-11-101, and 04-08-136

           

 

 

 

 

 

         Whereas, the Mayor and Board of Aldermen of the City of Horn Lake desire to regulate commercial vehicles, parking on city streets, the disposition of junk vehicles and the disposition of junk appliances and rubbish, and

 

          Whereas, commercial vehicle traffic causes stress on surface streets, junk vehicles create hazards and such conditions tend to impede traffic in the streets or interfere with the enjoyment of life and reduce the value of private property; interferes with the comfort and well being of the public; and create, extend, and aggravate urban blight; and

 

          Whereas, junk appliances and rubbish create hazards to children and adults; aggravates urban blight and interferes with the enjoyment of life and reduces the value of property; and

 

          Whereas, adequate protection of the public health, safety and welfare requires that such conditions be regulated, abated, or prohibited;

 

          NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF HORN LAKE, MISSISSIPPI:

 

Section I. Definitions

 

  1. City – Shall mean the City of Horn Lake.

 

  1. Hard Surface – Concrete or asphalt continuously poured or applied to form a paved surface consistent with that of a driveway.

 

  1. Commercial trailer – Shall mean any flatbed, box van or other trailer designed to be drawn by a 10-wheel commercial tractor.

 

  1. Commercial Vehicle – Shall mean any vehicle that meets one or more of the following conditions:

 

    1. Trucks with 10 wheels, registered as a commercial vehicle in any state, primarily used for commercial business and commonly used as an eighteen 18-wheel truck and trailer combination.

    2. Commercial box van vehicles commonly used in construction, electrical or other commercial business type work.

    3. Any vehicle with a gross weight of more than 15,000 pounds.

 

  1. Junk Appliances – Shall mean but is not limited to the following: ice boxes, refrigerators, stoves, washing machines, hot water tanks, or other similar items that are in a state of disrepair.

 

  1. Junk Vehicle – Shall mean any motor vehicle which meets one or more of the following conditions:

 

    1. The vehicle is inoperable.

    2. The vehicle is dismantled, partially dismantled or severely damaged.

    3. The vehicle does not have a valid vehicle safety inspection.

    4. The vehicle does not have a valid license plate.

    5. One or more of the vehicle’s tires are flat and have remained flat for a period of 24 hours.

    6. The vehicle is leaking oil or other fluids.

 

  1. Person – Shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.

 

  1. Property – Shall mean any real property within the City of Horn Lake which is not a street or highway.

 

  1. Rubbish – Shall mean but is not limited to the following: used articles or used pieces of iron, scrap metal, automobile bodies or parts of machinery or junked or discarded machinery, used lumber which may be used as a harborage for rats, ashes, industrial by products or waste, empty cans, food containers, bottles, crockery, utensils of any kind, boxes, barrels, weeds, glass, building rubbish, dead trees, garbage, and all other articles customarily considered trash or junk and which are not housed in a building.

 

  1. Street or Highway – Shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel and shall include any right of way associated with that street or highway.

 

  1. Vehicle – Shall mean 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 pulls machinery and shall include, without limitation, automobiles, motorcycles, tractor, buggy and wagon.

 

Section II. City commercial vehicle route established.

 

  1. All commercial vehicles defined in Section 1, D  must travel only on the designated commercial routes established in this section except when making a verified pickup or delivery.

 

  1. Commercial vehicles making a verified delivery or pick up must travel the designated commercial route to the nearest point of the pick up or delivery before turning onto other streets not designated as part of the designated commercial route.

 

  1. Commercial trailers as defined in section 1, C shall be allowed in residential areas only for a verified pick up or delivery and shall not remain overnight for any reason.

 

  1. The commercial vehicle route is established as follows:

 

1.     Highway 51 (city limits North to city limits South)

2.     Highway 302 (city limits east to city limits west)

3.     Nail Road (from U.S. Highway 51, west to Hurt Road)

4.     Hurt Road (from U.S. Highway 302, south to Nail Road)

 

Section III. On Street Parking

 

  1. On street parking is restricted to private passenger vehicles not routinely used for commercial business to include cars, trucks, sport utility vehicles, vans and motorcycles.

 

Section IV. Off Street Parking

 

  1. Parking or storing of a recreational vehicle, camper trailer, boat or boat trailer, utility trailer less than 15-feet, any piece of equipment or any vehicle authorized in residential areas must be off-street on private property, in good repair and parked on hard surface as defined in Section 1, B of this ordinance.

 

  1. A camping or travel trailer shall not be occupied permanently, over 14 days, while it is parked or stored in any area within the incorporated limits.

 

  1. It shall be unlawful to allow raw sewage to drain onto open land, as this shall constitute a health hazard.

 

 

Section V. Location or presence of junk or abandoned vehicles, within the City deemed public nuisance; Exceptions

 

  1. No person shall abandon any vehicle within the City or leave any vehicle at any place within the City for such time and under such circumstances as to cause such vehicle to reasonably appear to have been abandoned.

 

  1. No person shall leave a junk vehicle on any street or highway within the City.

 

  1. No person shall perform maintenance on a vehicle while parked on a street unless such is of a minor nature to get a disabled vehicle moving again.

 

  1. It shall be unlawful to store or keep any junk vehicle on any property within the City of Horn Lake unless the vehicle or any part thereof is completely enclosed within a building in a lawful manner where it is not visible from the street or other public and private property; or the vehicle or part thereof is stored on property that is maintained in such a manner so that it does not constitute a health hazard and is screened from ordinary public view.

 

Section VI. Location or presence of appliances and rubbish within the City deemed public nuisance and providing remedies.

 

  1. It shall be unlawful for the owner or occupant of a residential or commercial building or property to utilize the premises of such property for the open storage of any junk appliances or rubbish. Such prohibition includes the storage of any junk appliance or rubbish in an open carport.

 

1.     For any property found in violation of this section, the owner and/or occupant will be notified on a form prescribed by the Director of Planning. The notice issued will list each violation and prescribe the period of time given for correction of each violation. If the violation(s) are not corrected within the time prescribed in the notice, the owner and/or occupant shall be cited for a violation of this ordinance and be summoned to court.

 

Section VII. The following exceptions shall apply to this ordinance

 

  1. Nothing in this ordinance shall be construed to prevent any of the following activities:

 

1.     The operation or parking of any vehicle or piece of equipment owned or operated by the City of Horn Lake, or any other governmental entity, while in the performance of official business.

2.     The operation of commercial vehicles and/or equipment owned or operated by the persons who are performing a service for the City.

3.     The operation of commercial vehicles and/or equipment that are engaged in servicing either public or private utilities or performing some legitimate business service.

4.     The use of junk vehicles by educational institutions to promote awareness programs.

 

Section VIII. Enforcement authority

 

  1. The Horn Lake Police Department and the City of Horn Lake Planning Department shall have the authority to enforce the provisions of this ordinance.

 

Section IX. Violations and Penalties

 

  1. Any owner, operator or other person who violates any provision of this ordinance may receive a traffic citation or summons to court.

 

    1. Any vehicle, equipment or trailer may be towed at the expense of the owner for a violation of this ordinance in addition to a citation or summons to appear in court.

 

B.  A citation or summons of this ordinance may be served by personal service, or by United States registered return receipt or certified return receipt, postage prepaid mail addressed to the violator, or by any other commercial delivery service which can confirm delivery of the citation or summons.  If the addressee refuses to accept delivery and it is so stated in the return receipt of the United States Postal Service or commercial delivery service, the written return receipt, if returned and filed with the Court, shall be deemed an actual and valid service of the citation or summons.  The United States Postal Service or commercial delivery service notation that a properly addressed citation is “unclaimed,” “refused,” or other similar notation, is sufficient evidence of the addressee’s refusal to accept delivery.  Service by mail or commercial delivery service is complete upon the addressee’s receipt of the citation or the addressee’s refusal to accept delivery.     

 

C.  Any person found guilty of violating this ordinance shall be fined not less than $100.00 or more than $1,000.00 and/or sentenced to not more than 90 days in jail for each violation.

 

Section X. Repealing prior ordinance

 

  1. Upon the effective date of this ordinance, it shall repeal ordinances:  98-04-77, 00-11-101, and 04-08-136.

 

Section XI. Severability

 

  1. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

 

Section XII. Effective Date

 

  1. This ordinance shall become effective and be in full force from and after being certified by the City Clerk, signed by the Mayor or Board majority, recorded in the ordinance book, published and after waiting 30 days after the date of passage.

 

SO ORDAINED this the 2nd day of March 2005.