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At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of the removed vehicle by paying the towing fee, including any storage charges, or by posting a bond for double the amount of the fees and charges to the tow truck operator or towing business having custody of the removed vehicle. Upon regaining possession of a vehicle, the owner or person entitled to the possession of the vehicle shall not allow or engage in further violations of this chapter.
(Ord. 2023-02, passed 3-14-2023)
Any abandoned, nuisance, or junked vehicle which is not claimed by the owner or other party entitled to possession will be disposed of by the tow truck operator or towing business having custody of the vehicle. Disposition of the vehicle shall be carried out in accordance with G.S. Chapter 44A, Article 1.
(Ord. 2023-02, passed 3-14-2023)
Except as provided in § 94.06(A), as a general policy, the town will not remove a vehicle from private property if the owner, occupant or lessee of the property could have the vehicle removed under applicable state laws. In no case will a vehicle be removed by the town from private property without a written request of the owner, occupant or lessee, except in those cases where a vehicle is a nuisance vehicle or is a junked motor vehicle which has been ordered removed by the Town Manager pursuant to § 94.06(A). The town shall require any person requesting the removal of an abandoned, nuisance or junked motor vehicle from private property to indemnify the town against any loss, expense or liability incurred because of the removal, storage or sale thereof.
(Ord. 2023-02, passed 3-14-2023)
Any person who removes a vehicle pursuant to this chapter shall not be held liable for damages for the removal of the vehicle to the owner, lien holder or other person legally entitled to the possession of the vehicle removed; however, any person who intentionally or negligently damages a vehicle in the removal of the vehicle, or intentionally or negligently inflicts injury upon any person in the removal of the vehicle, may be held liable for damages.
(Ord. 2023-02, passed 3-14-2023)
Nothing in this chapter shall apply to any vehicle:
(A) Which is located in a bona fide “automobile graveyard” or “junkyard” as defined in G.S. §§ 136-143 et seq. and G.S. §§ 160A-303.1 and 160A-303.2;
(B) Which is in an enclosed building;
(C) Which is on the premises of a business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise; or
(D) Which is in an appropriate storage place or depository maintained in a lawful place and manner by the town.
(Ord. 2023-02, passed 3-14-2023)
It shall be unlawful for any person to remove or attempt to remove from any storage facility designated by the town any vehicle which has been impounded pursuant to the provisions of this chapter unless and until all towing and impoundment fees which are due, or bond in lieu of the fees, have been paid.
(Ord. 2023-02, passed 3-14-2023)