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Walkersville Adopts Unregistered or Inoperative Vehicles Ordinance

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The Town of Walkersville’s Town Commissioners voted Wednesday evening to adopt a new ordinance addressing unregistered or inoperative vehicles with more specific language and restrictions.

Town Code Enforcement officer, Andrew Dewese, presented the ordinance he modeled after the City of Frederick and other jurisdictions. The Walkersville Planning Commission recommended approval of the ordinance after making a few minor changes and adding a defintion of inoperative motor vehicles during its meeting Tuesday evening.

Commissioner Don Schildt immediately made his opposition to the ordinance clear. “You’ve gotten thirty out of thirty-seven violations resolved,” he repeated throughout the meeting. Mr. Schildt did not see any need to change the existing one-sentence ordinance:

“No dismantled, inoperative, or unlicensed motor vehicle will be parked or stored on any lot unless such vehicles are within a complete enclosed building or within a permitted commercial or industrial zoning district.”

One resident spoke against the ordinance. Don Deibler, a resident of the Deerfield community, attended the Planning Commission meeting the night before. He raised the same objections to a section that would allow one unregistered or inoperative vehicle if covered with a fitted cover designed for that vehicle. Mr. Deibler objected to making exceptions to the existing law which does not allow any such vehicles.

Mr. Dewese explained that, as he began enforcing the existing law, many long-time residents objected to the enforcement. “These long time residents claim to have always had these vehicles on their property. They don’t take kindly to someone telling them they can’t have them anymore,” he explained. He wrote the new law to find a happy medium.

Mr. Dewese also needed the law to be more clear. Many long-time residents reacted to his enforcement of the law by calling another resident with more power. “I’ve had about 480 violations, and resolved 470 of those,” he stated. “These are the most difficult issues.”

The law reflects Frederick’s law, but Frederick recently expanded the allowance to include two inoperative or unlicensed vehicles.

After a few more questions, the Commissioners voted to approve the ordinance as proposed. Violations may incur $100 per day charges.

Ordinance 2016-06 adopted Wednesday, August 24, 2016:

§ 88-10C UNREGISTERED OR INOPERATIVE VEHICLES

(1) NO UNREGISTERED OR INOPERATIVE VEHICLES WILL BE PARKED OR STORED ON ANY LOT WITH THE FOLLOWING EXCEPTIONS:

(A) SUCH VEHICLES ARE STORED WITHIN A COMPLETELY ENCLOSED BUILDING

(B) SUCH VEHICLES ARE STORED WITHIN A PERMITTED COMMERCIAL OR INDUSTRIAL ZONING DISTRICT

(C) NO MORE THAN ONE VEHICLE IS STORED WITH THE PERMISSION OF THE PROPERTY OWNER, AND IS COVERED BY A FITTED CAR COVER.  NO TARP, PLASTIC OR OTHER MAKESHIFT COVER MAY BE USED TO COVER THE VEHICLE.

(2) A PERSON MAY NOT STORE ANY VEHICLE THAT IS DEEMED BY THE CODE ENFORCEMENT OFFICER TO BE A PUBLIC NUISANCE BECAUSE IT IS:

(A) RUSTED, WRECKED, DISMANTLED OR IN A DETERIORATED CONDITION SO AS NOT TO BE LAWFULLY PERMITTED ON PUBLIC ROADS, OR

(B) IN A CONDITION THAT CONSTITUTES A BREEDING GROUND FOR RATS, OR MOSQUITOES, OR OTHER VERMIN OR INSECTS.

(3) DEFINITION

(A) MOTOR VEHICLE, INOPERATIVE – ANY MOTOROIZED VEHICLE INCAPABLE OF IMMEDIATELY BEING DRIVEN, OR NOT PROPERLY LICENSED OR INSPECTED FOR SAFETY IN ACCORDANCE WITH STATE LAW.

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