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Except as provided in § 96.06(B), as a general policy, the village will not remove a vehicle from private property if the owner, occupant or lessee of such property could have the vehicle removed under applicable state laws. In no case will a vehicle be removed by the village from private property without a written request of the owner, occupant or lessee, except in those cases where a vehicle is a hazardous vehicle or is a junked motor vehicle which has been ordered removed by the Village Manager or his or her designee pursuant to § 96.06(B). The village shall require any person requesting the removal of an abandoned, hazardous or junked motor vehicle from private property to indemnify the village against any loss, expense or liability incurred because of the removal, storage, or sale thereof.
(Ord. 2021-04, passed 3-8-21)
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 such vehicle, or intentionally or negligently inflicts injury upon any person in the removal of such vehicle, may be held liable for damages.
(Ord. 2021-04, passed 3-8-21)
Nothing in this chapter shall apply to any vehicle which meets the following conditions:
(A) The vehicle is located in a bone fide "automobile graveyard" or "junkyard" as defined in G.S. § 136-143, in accordance with the Junkyard Control Act, G.S. § 136-141 et seq.;
(B) The vehicle is in an enclosed building;
(C) One junked motor vehicle in its entirety, is located in the rear yard as defined by the Village's Unified Development Ordinance for no more than 60 calendar days if the junked motor vehicle is entirely concealed from public view by an approved motor vehicle cover. The approved motor vehicle cover must remain in good repair and must not be allowed to deteriorate;
(D) The vehicle 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;
(E) The vehicle is in an appropriate storage place or depository maintained in a lawful place and manner by the municipality; or
(F) The motor vehicle is used on a regular basis for business or personal use.
(Ord. 2021-04, passed 3-8-21)
It shall be unlawful for any person to remove or attempt to remove from any storage facility designated by the village 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 such fees, have been paid. 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)