(A) Any vehicle which shall be or remain standing or parked upon any public street, avenue, way, alley or other public place, may be removed by a police officer of the town, and placed in storage in a privately operated garage or other place designated by or maintained by the town, under the following circumstances:
(1) When any vehicle is found upon a street, avenue, alley, way or public place and a report has been previously made that the vehicle has been stolen or a complaint has been filed and a warrant issued thereon, charging that the vehicle has been stolen or converted in violation of law;
(2) When a police officer arrests any person driving or in control of a vehicle for an alleged offense and the officer is or may be required by law to take the one arrested immediately before a magistrate, and when the arrested one is the sole occupant or the owner of the vehicle and is immediately placed in custody;
(3) When a vehicle is so disabled that its normal operation is impossible or impractical and the persons in charge of the vehicle are incapacitated by reason of physical injury or other causes to such an extent as to be unable to provide for its removal or custody, or cannot be found or are not in the immediate vicinity of the vehicle; or
(4) When any vehicle is left standing or parked unattended in violation of any applicable provision of this code, state law or town ordinance, rule or regulation.
(B) If the towing, storage or removal of a vehicle is necessary, every effort should be made to ascertain the owner, operator or legal possessor’s preference with regard to towing. The last registered owner of a vehicle towed and/or stored shall be provided with the towing notification information required by state law.
(C) An officer shall not transport and store a vehicle unlawfully parked on any street/highway right-of-way which does not interfere with the regular flow of traffic or otherwise constitutes a hazard until the vehicle remains on the highway right-of-way for a period of 48 hours or more. An officer shall tag the vehicle with an approved departmental placard prior to transportation and storage.
(D) In order to obtain possession of a vehicle stored under the provisions of this section, the claimant must produce satisfactory evidence of ownership or right to possession within 30 days from the date of the storage and, in addition thereto must pay all charges for the removal and storage of the vehicle, the storage charges to be those imposed by the storing authority, person, firm or individual, in addition to any fine which may be assessed for the violation of any applicable provision of this code, state statute or town ordinance, rule or regulation.
(E) If a vehicle removed under this section is not claimed within 30 days from the date of storage, the vehicle may be sold by the town or the garage where the same is stored, for all charges levied against the vehicle.
(Ord. O-00-12, passed 8-14-2000)
Statutory reference:
Similar provisions, see G.S. § 20-161(E)