Section
95.01 Administration
95.02 Definitions
95.03 Abandoned vehicle unlawful; removal
95.04 Nuisance vehicle unlawful; removal
95.05 Junked motor vehicle regulated; removal
95.06 Removal of abandoned, nuisance or junked motor vehicles; pre-towing notice requirements
95.07 Exceptions to prior notice requirement
95.08 Removal of vehicles; post-towing notice requirements
95.09 Right to probable cause hearing before sale or final disposition of vehicle
95.10 Redemption of vehicle during proceedings
95.11 Sale and disposition of unclaimed vehicle
95.12 Conditions on removal of vehicles from private property
95.13 Protection against criminal or civil liability
95.14 Exceptions
95.15 Unlawful removal of impounded vehicle
(A) The Town Manager and the Police Department of the Town of Liberty 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.
(F) The Town Manager is authorized to secure an administrative search and inspection warrant, as provided by G.S. § 15-27.2, in order to conduct any necessary inspection of the premises and to obtain evidence to determine whether there is any violation of any provisions of this chapter for which the Town Manager has the duty to enforce code provisions.
(1981 Code, § 16-1) (Ord. passed 3-26-1990; Am. Ord. passed 3-24-2003)
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, one 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 $100.
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 or a public nuisance, including but not limited to 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 or safety hazard or a public nuisance by the Town Council.
(1981 Code, § 16-2) (Ord. passed 3-26-1990)
Statutory reference:
G.S. § 160A-303(b1)(4), from which subdivision (2) of the definition of abandoned vehicle derives, currently reads “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.” As of the 2012 S-3, the town had not adopted such an ordinance.
G.S. § 160A-303(b2)(2), from which subdivision (3) of the definition of junked motor vehicle derives, currently reads “Is more than five years old and worth less than one hundred dollars ($100.00) or is more than five years old and worth less than five hundred dollars ($500.00) as provided by the municipality in an ordinance adopted under this section; or.” As of the 2010 S-2, the town had not adopted such an ordinance.
Loading...