Section
81.01 Definitions
81.02 Administration and enforcement
81.03 Abandoned vehicles unlawful; removal authorized; abandoned vehicles on private property
81.04 Nuisance vehicles unlawful; removal authorized
81.05 Removal of abandoned or nuisance vehicles; pre-towing requirements
81.06 Exceptions to prior notice requirement
81.07 Responsibility for costs of removal
81.08 Removal of vehicles; post-towing notice requirements
81.09 Right to probable cause hearing before sale or final disposition of vehicle
81.10 Redemption of vehicle during proceedings
81.11 Sale and disposition of unclaimed vehicle
81.12 Conditions on removal of vehicles from private property
81.13 Protection against criminal or civil liability
81.14 Exceptions
81.15 Unlawful removal of impounded vehicle
Statutory Reference:
See also G.S. §§ 160A-303, 160A-303.2
When used in this chapter, the following words, terms and phrases shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning:
ABANDONED VEHICLE. Is a vehicle that:
(1) Is left upon a public street or highway in violation of a law or ordinance prohibiting parking;
(2) Is left on a public street or highway for longer than seven days or is determined by law enforcement to be a hazard to the motoring public;
(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 of such property for longer than two hours.
AUTHORIZING OFFICIAL(S). The Police Department or the code enforcement officer, respectively, designated to authorize the removal of vehicles under the provisions of this chapter.
CODE ENFORCEMENT OFFICER. The town employee(s) designated by the Town Manager to enforce the provisions of this chapter.
JUNKED MOTOR VEHICLE. A vehicle that:
(1) Is partially dismantled or wrecked;
(2) Cannot be self-propelled or moved in the manner in which it was originally intended to move; or
(3) Does not display a current license plate lawfully upon that vehicle.
MOTOR VEHICLE AND VEHICLE. All machines designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle.
NUISANCE VEHICLE. A junked motor vehicle on public or private property that is determined and declared by the code enforcement officer to be a health or safety hazard to neighboring residents or businesses or to the public, including but not limited to a vehicle found to:
(1) Be a point of concentration of gasoline, oil or other flammable or explosive materials;
(2) Have accessible areas of confinement that cannot be opened from the inside, such as trunks, hoods, etc.;
(3) Be in danger of falling or turning over;
(4) Be a point of collection of garbage, food waste, animal waste, or any other rotten or putrescible matter of any kind;
(5) Have exposed sharp parts or edges of metal or glass; or
(6) Otherwise pose a health and safety hazard as determined by the code enforcement officer.
(Ord. passed 12-16-2019)
(A) The police department and the code enforcement officer(s) shall be responsible for the administration and enforcement of this chapter. The police department shall be responsible for administering the removal and the disposition of vehicles determined to be abandoned on the streets and highways within the town and on property owned by the town. The code enforcement officer(s) shall be responsible for administering the removal and disposition of abandoned and nuisance vehicles located on private property.
(B) If the appropriate inspecting officer(s) have probable cause to expect a violation of this chapter, they shall have the right to enter on any premises within the town limits at any reasonable hour in order to determine if any vehicle is in violation of this chapter.
(C) The town may, on an annual basis and with prior approval of the Town Council, contract with private tow truck operators to remove, store and dispose of abandoned vehicles and/or nuisance vehicles in compliance with this chapter and applicable state laws.
(D) Nothing in this chapter shall be construed to limit the legal authority or powers of officers of the town police department or fire department in enforcing other laws or otherwise carrying out their duties.
(Ord. passed 12-16-2019)
(A) It shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow such vehicle to be an abandoned vehicle.
(B) Upon investigation, proper authorizing officials of the town may determine that a vehicle is an abandoned vehicle and order the vehicle removed.
(C) Notwithstanding prior subdivision (B), if an abandoned vehicle is located on private property, it shall be towed only at the direction of the property owner. Town officials will assume no responsibility for the removal of abandoned vehicles from private property.
(Ord. passed 12-16-2019)
Cross reference:
See also Towing and Booting (Chapter 73) for regulations governing non-consensual towing from private parking lots.
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