VEHICLE ABANDONMENT AND REMOVAL

N-5 VEHICLE ABANDONMENT AND REMOVAL

N-5-1 PARKING ON PUBLIC PROPERTY

It is unlawful to park or place upon streets or public property of any nature, any motor vehicle, trailer, equipment, or implement which is not currently licensed and in operating condition for periods in excess of twenty-four (24) hours at the same location.

Source:

Authority: 9-30-2, 9-31-1

Cross Reference: N-1-1(e)

N-5-2 NOTIFICATION

If the presence of the property does not constitute a substantial hazard or obstacle to the public which utilizes the public property upon which it is situated, the investigating officer shall attach an official sticker, notice, or citation to the vehicle or property in a conspicuous place, stating that the vehicle must be removed from public property within twenty-four (24) hours or it will be seized.

Source:

Authority: SDCL 9-30-2, 9-31-1

Cross Reference: N-1-1(e)

N-5-3 SEIZURE

Upon expiration of the twenty-four (24) hour period, or upon determination that the vehicle or property has been reported stolen or has otherwise been misappropriated or used in the commission of a crime, or upon determination that such vehicle or property poses a hazard or obstacle to users of the public property, the vehicle or property shall be taken into custody and impounded, to be disposed of pursuant to chapter L-3.

Source:

Authority: SDCL 9-30-2, 9-31-1

N-5-4 VIOLATION

Any person in violation of any section within this chapter shall be guilty of a misdemeanor and upon conviction shall be penalized as provided in chapter T. Each day’s violation, failure, refusal, or neglect to comply with any provision of this code or regulation promulgated thereunder shall constitute a separate and distinct offense.

Authority: SDCL 9-19-3, 9-30-2, 9-31-1

N-5-5 SEVERABILITY

If any provision of this chapter is declared unconstitutional or the application of this chapter to any person or circumstance is held invalid or unconstitutional, the remainder of this chapter and applicability thereof to other persons or circumstance shall not be affected thereby.