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§ 96.02 DEFINITIONS.
   For the purposes of this chapter, the following definitions shall apply unless the context indicates or requires a different meaning.
   ABANDONED MOTOR VEHICLE. As authorized and defined in G.S. § 160A-303 is a motor vehicle which:
      (1)   Has been left upon a street or highway in violation of a law or ordinance prohibiting parking;
      (2)   Is left on property owned or operated by the village for longer than 24 hours;
      (3)   Is left on private property without the consent of the owner, occupant, or lessee thereof for longer than two hours; or
      (4)   Is left on any public street or highway for longer than seven days or is determined by law enforcement to be a hazard to the motoring public.
   APPROVED MOTOR VEHICLE COVER. A ready-fit cover made expressly for motor vehicles which will resist decay, mildew, and ultra-violet sunlight.
   AUTHORIZING OFFICIAL. Any Forsyth County Sheriff's Deputy on duty that day, the Village Manager or his or her designee.
   HAZARDOUS 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, etc., 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 putrescent matter of any kind;
      (8)   One which has sharp parts thereof which are jagged or contain sharp edges of metal or glass; or
      (9)   Any other vehicle specifically declared a health and safety hazard and a public nuisance by the Clemmons Village Council.
   JUNKED MOTOR VEHICLE. As authorized and defined in G.S. § 160A-303.2, means a vehicle that does not display a current license plate upon that vehicle and that:
      (1)   Is partially dismantled or wrecked;
      (2)   Cannot be self-propelled or moved in the manner in which it originally was intended to move; or
      (3)   Is more than five years old and appears to be worth less than five hundred dollars $500.00.
   MOTOR VEHICLE or VEHICLE. All machines designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle.
(Ord. 2021-04, passed 3-8-21)
§ 96.03 ADMINISTRATION.
   The Forsyth County Sheriff's Office, the Village Manager or his or her designee shall be responsible for the administration and enforcement of this chapter. The Forsyth County Sheriff's Office shall be responsible for administering the removal and disposition of vehicles determined to be "abandoned" on the public streets and highways within the municipality and on property owned by the municipality. The Village Manager or his or her designee shall be responsible for administering the removal and disposition of "abandoned," "hazardous" or "junked motor vehicles" located on private property. The village may, on an annual basis, contract with private tow truck operators or towing businesses to remove, store, and dispose of abandoned vehicles, hazardous 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 Forsyth County Sheriff's Office and/or Fire Department in enforcing other laws or in otherwise carrying out their duties.
(Ord. 2021-04, passed 3-8-21)
§ 96.04 ABANDONED VEHICLE UNLAWFUL; REMOVAL AUTHORIZED.
   (A)   Upon investigation, the proper authorizing official of the village may determine and declare that a vehicle is an abandoned motor vehicle as defined above, and order the vehicle removed.
   (B)   It shall be unlawful for the registered owner or person entitled to possession of a motor vehicle to leave, cause or allow a motor vehicle to become an abandoned motor vehicle. If any person shall violate this section, he or she shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500, subject to the provisions in G.S. § 14-4.
(Ord. 2021-04, passed 3-8-21; Am. Ord. 2022-03, passed 4-25-22)
§ 96.05 HAZARDOUS VEHICLE UNLAWFUL; REMOVAL AUTHORIZED.
   (A)   Upon investigation, the proper authorizing official of the village may determine and declare that a vehicle is a health or safety hazard and a hazardous vehicle as defined above, and order the vehicle removed.
   (B)   It shall be unlawful for the registered owner or person entitled to possession of a motor vehicle, or for the owner, lessee, or occupant of the real property upon which the vehicle is located to leave, cause or allow such vehicle to remain on the property after it has been declared a hazardous vehicle.
(Ord. 2021-04, passed 3-8-21)
§ 96.06 JUNKED MOTOR VEHICLE REGULATED; REMOVAL AUTHORIZED.
   (A)   It shall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked motor vehicle is located, to leave or allow the junked motor vehicle to remain on the property after the vehicle has been ordered removed. If any person shall violate this section, he or she shall be guilty of a Class 3 misdemeanor and shall be fined not more than $500, subject to the provisions in G.S. § 14-4.
   (B)   Subject to the provisions of division (A) of this section, upon investigation, the Village Manager or his or her designee may order the removal of a junked motor vehicle, as defined in this chapter, from private property to a storage garage or storage area after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following, among other relevant factors, may be considered:
      (1)   Protection of property values;
      (2)   Promotion of tourism and other economic development opportunities;
      (3)   Indirect protection of public health and safety;
      (4)   Preservation of the character and integrity of the community; and
      (5)   Promotion of the comfort, happiness and emotional stability of area residents.
   (C)   Permitted concealment or enclosure of junked motor vehicle.
      (1)   One junked motor vehicle, in its entirety, may be located in the rear yard, as defined in the Village of Clemmons Unified Development Ordinance, provided the junked motor vehicle is entirely concealed from public view from a public street and/or abutting premises by an approved motor vehicle covering for not more than 60 calendar days. The Village Manager or his or her designee have the authority to determine whether any junked motor vehicle is adequately concealed as required by this provision. The covering must remain in good repair and not be allowed to deteriorate. The covering or enclosure must be compatible with the objectives stated in the preamble of this chapter.
      (2)   Any one or more junked motor vehicles kept for a period exceeding 60 calendar days shall be kept within a garage or similar structure that provides a complete enclosure so that the junked motor vehicle(s) cannot be seen from a public street or abutting property. Garages or similar structures mean either a lawful, nonconforming use or a structure erected pursuant to the lawful issuance of a building permit and which has been constructed in accordance with all zoning and building code regulations.
(Ord. 2021-04, passed 3-8-21; Am. Ord. 2022-03, passed 4-25-22)
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