(A) The town may remove a motor vehicle, trailer, semitrailer or part thereof for safekeeping to a storage area if:
(1) It is left unattended on a public highway or other public property and constitutes a traffic hazard;
(2) It is illegally parked;
(3) It is left unattended for more than 10 days either on public property or on private property without the permission of the property owner, lessee or occupant; or
(4) It is immobilized on a public roadway by weather conditions or other emergency situation.
(B) (1) Removal shall be carried out by or under the direction of a law enforcement officer. However, motor vehicles, trailers, semitrailers and parts thereof shall not be removed from private property without the written request of the owner, lessee or occupant of the premises. The person at whose request the motor vehicle, trailer, semitrailer or part of a motor vehicle, trailer or semitrailer is removed from private property shall indemnify the town against any loss or expense incurred by reason of removal, storage or sale thereof. It shall be presumed that the motor vehicle, trailer, semitrailer or part thereof is abandoned if it lacks either a current license plate; a current county, city or town license plate or sticker; a valid state safety inspection certificate or sticker; and it has been in a specific location for 4 days without being moved.
(2) As promptly as possible, each removal shall be reported to the Chief of Police and to the owner of the motor vehicle, trailer or semitrailer.
(3) Before obtaining possession of the motor vehicle, trailer, semitrailer or part thereof, the owner shall pay to the parties entitled thereto all costs incidental to its removal and storage and locating the owner. If the owner fails or refuses to pay the cost, or if his or her identity or whereabouts is unknown and unascertainable after a diligent search has been made, and after notice to him or her at his or her last known address and to the holder of any lien of record with the office of the State Department of Motor Vehicles against the motor vehicle, trailer, semitrailer or part of a motor vehicle, trailer or semitrailer, the vehicle shall be treated as an abandoned vehicle under the provisions of VA Code, §§ 46.2-1200 et seq.
(1997 Code, § 66-109)
Statutory reference:
Authority for this section, VA Code, § 46.2-1213