Sec. 36-161. Inoperable or unregistered vehicle on residential lot.
A. No person shall park or permit to be parked on any residential property any vehicle which is inoperable and is visible from beyond the boundary of the lot.
B. No person shall park or permit to be parked on any residential lot any vehicle which does not display current registration and is visible from beyond the boundary of the lot. This subsection shall not apply to "off-road recreational motor vehicles" designed primarily for recreational non-highway all-terrain travel.
C. The owner of record, as recorded in the City of Phoenix tract book records, of the property upon which a vehicle is parked in violation of subsection A or B shall be prima facie responsible for any violation of the section. If more than one person shall be recorded as the owner of the property, said persons shall jointly and severally prima facie responsible for the violation and subject to the sanction therefor.
D. Defenses.
1. It is an affirmative defense to a violation of this section that the residential property is located in a zoning district wherein outside storage of unlicensed or inoperable vehicles visible beyond the boundary of the lot is a permitted use or that such outside storage of such vehicles has been established on the property as a nonconforming use pursuant to the Phoenix Zoning Ordinance. No defense shall be asserted pursuant to this provision, unless notice thereof is filed with the court and provided to the Phoenix City Prosecutor at least twenty days in advance of the date set for trial.
2. It is an affirmative defense to a violation of subsection A that the vehicle was registered to a resident of the property, that the vehicle was undergoing repair, and that the total period during which the vehicle was inoperable did not exceed fifteen days.
3. It is an affirmative defense to a violation of this section that the vehicle was placed on the property without the consent of any owner or agent of any owner of the property and that the vehicle was removed from the property within twenty days of its placement on the property.
E. No vehicle in violation of this section shall be impounded pursuant to P.C.C. section 36-7 except with the consent of the lawful owner of the vehicle or with the consent of a person in lawful control of the property when said consent is permitted by law.
F. Violation of this section shall constitute a civil traffic violation, and the violator shall be subject to a civil sanction of not less than fifty dollars nor more than two hundred fifty dollars, provided that effective October 1, 1992, the minimum civil sanction shall be sixty-five dollars. (Ord. No. G-2874, § 1; Ord. No. G-3543, § 1)