Section
93.01 Administration
93.02 Definitions
93.03 Abandoned vehicle unlawful; removal authorized
93.04 Nuisance vehicle unlawful; removal authorized
93.05 Junked vehicle regulated; removal authorized
93.06 Removal of abandoned, nuisance, or junked motor vehicles; pre-towing notice requirements
93.07 Exceptions to prior notice requirement
93.08 Removal of vehicles; post-towing notice requirements
93.09 Right to probable cause hearing before sale or final disposition of vehicle
93.10 Redemption of vehicle during proceedings
93.11 Sale and disposition of unclaimed vehicle
93.12 Conditions on removal of vehicles from private property
93.13 Protection against criminal or civil liability
93.14 Exceptions
93.15 Unlawful removal of impounded vehicle
Cross-reference:
Nuisances, see Ch. 92
(A) The Police Department and Town Manager of the town shall be responsible for the administration and enforcement of this chapter.
(B) The Police Department shall be responsible for administering the removal and disposition of vehicles determined to be abandoned on the public streets and highways within the town, and on property owned by the town.
(C) The Town Manager shall be responsible for administering the removal and disposition of abandoned, nuisance, or junked motor vehicles located on private property.
(D) The town may, on an annual basis, contract with private tow truck operators or towing businesses to remove, store, and dispose of abandoned vehicles, nuisance vehicles, and junked motor vehicles in compliance with this chapter and applicable state laws.
(E) Nothing in this chapter shall be construed to limit the legal authority or powers of officers of the Town Police Department and Fire Department in enforcing other laws or in otherwise carrying out their duties.
(Ord. passed 3-14-1994)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. As authorized and defined in G.S. § 160A-303, is 1 that:
(1) Is left upon a public street or highway in violation of a law or ordinance prohibiting parking:
(2) Is left on a public street or highway for longer than 7 days;
(3) Is left on property owned or operated by the town for longer than 24 hours; or
(4) Is left on private property without the consent of the owner, occupant, or lessee thereof, for longer than 2 hours.
AUTHORIZING OFFICIAL. The supervisory employee of the Police Department or the Town Manager, respectively, designated to authorize the removal of vehicles under the provisions of this chapter.
JUNKED MOTOR VEHICLE. As authorized and defined in G.S. § 160A-303.2, a vehicle that does not display a current license plate lawfully 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 5 years old and appears to be worth less than $500.
MOTOR VEHICLE or VEHICLE. All machines designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle.
NUISANCE 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, 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 8 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 which cannot be operated from the inside, such as trunks, hoods, and the like;
(6) 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 putrescible 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 Town Council.
(Ord. passed 3-14-1994; Am. Ord. passed 5-12-2008)
(A) It shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow the vehicle to be abandoned as the term is defined herein.
(B) Upon investigation, proper authorizing officials of the town may determine that a vehicle is an abandoned vehicle and order the vehicle removed.
(Ord. passed 3-14-1994) Penalty, see § 10.99
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