Section
70.01 Administration
70.02 Definitions
70.03 Abandoned vehicle unlawful; removal authorized
70.04 Nuisance vehicle unlawful; removal authorized
70.05 Junked motor vehicle regulated; removal authorized
70.06 Removal of abandoned, nuisance, or junked motor vehicles; pre-towing notice requirements
70.07 Exceptions to prior notice requirement
70.08 Removal of vehicles; post-towing notice requirements
70.09 Right to probable cause hearing before sale or final disposition of vehicle
70.10 Redemption of vehicle during proceedings
70.11 Sale and disposition of unclaimed vehicle
70.12 Conditions on removal of vehicles from private property
70.13 Protection against criminal or civil liability
70.14 Exceptions
70.15 Unlawful removal of impounded vehicle
The Police Department and the city’s Code Administrator shall be responsible for the administration and enforcement of this chapter. 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 city, and on property owned by the city. The city’s Code Administrator shall be responsible for administering the removal and disposal of “abandoned”, “nuisance”, and “junked” motor vehicles located on private property. The city 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. Nothing in this chapter shall be construed to limit the legal authority or powers of officers of the city’s Police Department and Volunteer Fire Department in enforcing other laws or in otherwise carrying out their duties.
(Ord. 54, passed 1-2-1997)
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, a vehicle that:
(1) Is left upon a public street or highway in violation of a law or ordinance prohibiting parking;
(2) Is left upon a public street or highway for longer than seven days;
(3) Is left upon property owned or operated by the city for longer than 24 hours; or
(4) Is left upon private property without the consent of the owner, occupant, or lessee thereof for longer than two hours.
AUTHORIZED OFFICIAL. The supervisory employee of the Police Department or the city’s Code Administrator, respectively, designated to order 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 five 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, a public nuisance, and unlawful, including a vehicle found to be:
(1) A breeding ground or harbor for mosquitos, other insects, rats, or other pests;
(2) A point of heavy growth of weeds or other noxious vegetation which exceeds eight inches in height;
(3) In a condition allowing the collection of pools or ponds of water;
(4) A concentration of quantities of gasoline, oil, or other flammable or explosive materials as evidenced by odor;
(5) An area of confinement which cannot be operated from the inside, such as, but not limited to, trunks or hoods;
(6) So situated or located that there is a danger of it falling or turning over;
(7) A collection of garbage, food waste, animal waste, or any other rotten or putrescent matter of any kind; or
(8) One which has sharp parts thereof which are jagged or contain sharp edges of metal or glass.
(Ord. 54, passed 1-2-1997)
Loading...