Section
94.01 Intent
94.02 Definitions
94.03 Administration
94.04 Abandoned vehicle unlawful; removal authorized
94.05 Nuisance vehicle unlawful; removal authorized
94.06 Junked motor vehicle regulated
94.07 Removal of vehicles; pre-towing notice required; appeals
94.08 Exceptions to prior notice requirements
94.09 Removal of vehicles; post-towing notice requirements
94.10 Right to probably cause hearing before sale or final disposition of vehicle
94.11 Redemption of vehicle during proceedings
94.12 Sale and disposition of unclaimed vehicle
94.13 Conditions on removal of vehicles from private property
94.14 Protection against criminal or civil liability
94.15 Exceptions
94.16 Unlawful removal of impounded vehicle
It shall be the intent of this chapter to promote and enhance the aesthetic appearance of the town; to protect property values in the town; and to enhance public safety. It is further the intent of this chapter to promote and enhance the attractiveness and safety of the town’s residential streets by controlling and regulating abandoned, junked and nuisance vehicles.
(Ord. 2023-02, passed 3-14-2023)
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. As authorized and defined in G.S. § 160A-303, an ABANDONED MOTOR VEHICLE is a motor vehicle which:
(1) Is left upon a public street or highway in violation of a law or ordinance;
(2) Is left on a public street or highway for longer than two days;
(3) Is left on property owned or operated by the town for longer than 24 hours; or
(4) Is left on private property without the consent of the owner, occupant or lessee thereof, for longer than two hours.
AUTHORIZING OFFICIAL. Any code enforcement officer or police officer on duty that day or the Town Manager, respectively, is designated to authorize the removal of vehicles under the provisions of this chapter.
JUNKED MOTOR VEHICLE. As authorized and defined in G.S. § 160A-303.2, a vehicle that does not display a current license plate upon that vehicle and that:
(1) Is partially dismantled or wrecked; or
(2) Cannot be self-propelled or moved in the manner in which it originally was intended to move.
MOTOR VEHICLE OR VEHICLE. All machines designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle.
NUISANCE VEHICLE. A vehicle on public or private property that is determined and declared to be a health or safety hazard, a public nuisance and unlawful and including a vehicle found to be:
(1) A breeding ground or harbor for mosquitoes, other insects, rats or other pests;
(2) A point of heavy growth of weeds or other noxious vegetation over eight inches in height;
(3) A point of collection of pools or ponds of water;
(4) A point of concentration of quantities of gasoline, oil or other flammable or explosive materials as evidenced by odor;
(5) One which has areas of confinement, such as trunks, hoods and the like, which cannot be operated from inside the area of confinement;
(6) One so situated or located that there is a danger of it falling or turning over;
(7) One which is a point of collection of garbage, food waste, animal waste or any other rotten or putrescible matter of any kind;
(8) One which has sharp parts thereof which are jagged or contain sharp edges of metal, glass or other rigid materials; or
(9) The creation of another similar condition(s) or circumstance(s) which exposes the public to safety or health hazards.
(Ord. 2023-02, passed 3-14-2023)
The Police Department and the Town Manager shall be responsible for the administration and enforcement of this chapter. The Police Department shall be responsible for administering the removal and disposition of vehicles determined to be “abandoned” on the public streets and highways within the town and on property owned by the town. The Town Manager or Town Manager’s designee shall be responsible for administering the removal and disposition of “nuisance” or “junked motor vehicles” located on private property. The town may, on a case-by-case basis, contract with private tow truck operators or towing businesses to remove, store, and dispose of abandoned vehicles, nuisance vehicles and junked motor vehicles in compliance with this chapter and applicable state laws. Nothing in this chapter shall be construed to limit the legal authority or powers of officers of the Town Police Department in enforcing other laws or in otherwise carrying out their duties.
(Ord. 2023-02, passed 3-14-2023)
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