Lead residents oppose abandoned vehicle ordinance

BY WENDY PITLICK
Black Hills Pioneer

LEAD - Lead residents packed city hall Monday night to express their opposition to an ordinance that will limit the amount of time vehicles can be parked in one place.

The ordinance is a revision to the city's former abandoned vehicle law. The new law considers “stored vehicles” to be those which are not operated every seven days, and it states that no vehicle may be stored in public view for longer than six months. Exceptions include vehicles that are part of a vehicle repair business, for which the business owner has work orders on the cars, racing vehicles, and vehicles that are used for antique collection purposes and are currently licensed.

After a nearly two-hour discussion with area residents, city commissioners eventually changed the time limit from six to nine months, to allow for winter storage for some vehicles that are only operated when there is no snow.

City commissioners said the reason for the time limit is because under the old law residents with inoperable vehicles were licensing their cars and trucks and allowing them to sit as junk, in public view. The commissioners said they often received complaints from residents whose neighbors had these “junk cars,” which often had flat tires, broken out windows, and served as breeding grounds for cats or vermin.

But on Monday the commissioners' chambers was packed with residents who disputed the time limit. Several people who restore cars as a hobby, or use “junk cars” for parts in a legitimate repair business, spoke up to protect their investments. Others who have vehicles who they don't drive in the wintertime for various reasons also spoke out against the six-month time limit.

Wayne Newell, who has a “parts car” that he parks outside of his house to use while he is restoring a 1951 Buick, took exception to the city telling residents what they can do on their own property. While he was disputing the six-month timeframe on the ordinance he quickly discovered that since his parts car is screened from public view, he is exempt from the ordinance. Still, Newell said he disagrees with the proposed law.

“Why is it a nuisance to the city if it's on my property that I pay taxes on? I moved out here because there wasn't a whole lot of government here. There weren't a lot of laws and regulations that tell me what to do. I take care of my property. I take care of my vehicles. I have a hobby. I'm not a nuisance to anyone around me.

But Commissioner Les Roselles reminded the public that the city commission already regulates how residents should care for their property by enforcing weed and snow removal ordinances. Lead City Administrator Mike Stahl also said the intent of the new ordinance is to try and clean up the town.

“The intent of this is to keep people from just pushing, pulling and dragging a car in the back of their driveway and letting it sit there forever,” he said. “There are a lot of people (who have a problem) with that and that's why we've been asked to address this. I think that's what the intent of this is to get rid of those.”

Clarke Mack, owner of Performance One in Lead, and others told the commissioners they were trying to stop their business. Mack makes a living off of getting parts off of old cars to put on his customers' vehicles, and this ordinance could impede that, he said. But Commissioner Rose Burns said there should come a time when enough is enough.

“I can certainly appreciate that, but there comes a point to where that car that you might need (for) a part eventually it just becomes a nuisance,” Burns said. “It sits out there in the weather. If indeed that is a parts car, then strip the car, stores the parts and get rid of the tires that are going to go flat. I think we're asking for some concern for everyone else in the town who has to drive by it and see it. We're asking you to become a repair shop and not a junk lot.”

“But who is to decide what is junk,” Mack said, adding that many times he doesn't know what parts he'll need off of a car until different customer situations come up.

Commissioner Nick Krebs, whose family also repaired cars while he was growing up, said he was sympathetic to Mack. But, he said, “We get a lot of complaints from people in town who want us to do something about the appearance of the community as a whole. I think what we're trying to do is find a balance between what your needs are and the overall appearance of the community.”

“I don't think this is directed at a business,” Roselles said. “It's directed at people who just leave cars.”

Shannon Morrison, who lives in the Washington district, expressed opposition to the original six-month time limit. As a mother with several children who drive, but who doesn't allow them to drive in the winter, Morrison said the family purchased an empty lot that adjoins their house specifically to store their vehicles. Under the six-month time limit, Morrison said the family could stand to lose those vehicles.

“Winter is here a lot longer than six months, so as a resident, you need to look at the six month thing,” she said.

Shortly after Morrison's comments the city commission voted on a 3-1 decision to extend the ordinance timeline to nine months. However, since Lead Police Chief John Wainman, whose staff will be charged with enforcing the ordinance, was not present at Monday's meeting, the commission agreed to table further action on the ordinance. They will address the proposed law again at their next meeting at 5 p.m. on Monday, Jan. 26.


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