§ 91.10 CONDITIONS ON REMOVAL OF VEHICLES FROM PRIVATE PROPERTY.

   (A)   The town will not remove a vehicle from private property if the owner, occupant or lessee could have the vehicle removed under applicable state law procedures.

   (B)   Unless determined to be hazardous or junked motor vehicle by the Administrator, no vehicle shall be ordered removed by the town without prior written request from the owner, occupant or lessee.

   (C)   The town may require any person requesting the removal of a junked, abandoned or hazardous vehicle from private property to indemnify the town against any loss, expense or liability incurred because of the removal, storage or sale of the vehicle.

(Ord. eff. 6-13-2005)

§ 91.11 IMMUNITY FROM CRIMINAL AND CIVIL ACTION.

   No person shall be held to answer in any criminal or civil action to any owner or other person legally entitled to possession of any junked, abandoned or hazardous motor vehicle for disposing of the vehicle as provided in this chapter.

(Ord. eff. 6-13-2005)

§ 91.12 EXCEPTIONS.

   (A)   Nothing in this chapter shall apply to any vehicle:

      (1)   Which is located in a bona fide “automobile graveyard” or “junkyard” as defined in G.S. § 136-143, in accordance with the Junkyard Control Act, G.S. § 136-141;

      (2)   Which is in an enclosed building;

      (3)   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;

      (4)   Which is used regularly for personal use; or

      (5)   Which is in an appropriate storage place or depository maintained in a lawful place and manner by the town or private towing operator contracting with the town for removal of vehicles.

   (B)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      A VEHICLE IS NECESSARY TO THE OPERATION OF THE ENTERPRISE. Shall mean, but not be limited to the clear, active use or involvement of the vehicle in the operation of the business enterprise. Mere storage or idle standing of a vehicle does not constitute A VEHICLE NECESSARY TO THE OPERATION OF THE BUSINESS.

      LAWFUL PLACE AND MANNER. Includes but is not limited to strict compliance with the town’s zoning ordinance.

(Ord. eff. 6-13-2005)

§ 91.13 ADOPTION DATE.

   This chapter was adopted June 13, 2005.

(Ord. eff. 6-13-2005)