ARTICLE 6: ABANDONED, JUNKED AND NUISANCE VEHICLES

Section

   5-6.1   Administration

   5-6.2   Definitions

   5-6.3   Abandoned vehicle unlawful; removal authorized

   5-6.4   Nuisance vehicle unlawful; removal authorized

   5-6.5   Junked motor vehicle regulated; removal authorized

   5-6.6   Permitted concealment or enclosure of junked motor vehicles

   5-6.7   Removal of abandoned, nuisance or junked motor vehicles; pre-towing notice requirements

   5-6.8   Exceptions to prior notice requirement

   5-6.9   Removal of vehicles; post-towing requirements

   5-6.10   Rights to probable cause hearing before sale or final disposition of vehicle

   5-6.11   Redemption of vehicle during proceedings

   5-6.12   Sale and disposition of unclaimed vehicle

   5-6.13   Conditions on removal of vehicles from private property

   5-6.14   Protection against criminal or civil liability

   5-6.15   Exceptions

   5-6.16   Unlawful removal of impounded vehicle

§ 5-6.1 ADMINISTRATION.

   The Town Manager or designee shall be responsible for the administration and enforcement of this article. The Town Manager and DCSO 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. The Town Manager or designee shall be responsible for administering the removal and disposal of “abandoned”, “nuisance” and “junked” motor vehicles located on private property. 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. Nothing in this article shall be construed to limit the legal authority or powers of the officers of the Town in enforcing other laws or in otherwise carrying out their duties.

(2003 Code, § 5-6.1) (Adopted 3-6-2001; Amended 7-6-2021)

§ 5-6.2 DEFINITIONS.

   As used in this article, the following terms shall have the respective meanings ascribed to them.

   ABANDONED VEHICLE. As authorized and defined in G.S. § 160A-303, an ABANDONED VEHICLE is one that:

      (1)   Is left upon a public street or highway in violation of a law or article prohibiting parking;

      (2)   Is left upon a public street or highway for longer than seven days or is determined by law enforcement to be a hazard to the motoring public;

      (3)   Is left upon property owned or operated by the town 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 Town Manager or designee and Davie County Sheriff, respectively, are designated to order the removal of vehicles under the provisions of this article.

   JUNKED MOTOR VEHICLE. As authorized and defined in G.S. § 160A-303.2, the term JUNKED MOTOR VEHICLE means 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 move 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 $500; or

      (4)   Does not display a current license plate.

   MOTOR VEHICLE OR VEHICLE. All machines designed or intended to travel over land or water 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 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; or

      (9)   A junked motor vehicle.

(2003 Code, § 5-6.2) (Adopted 3-6-2001; Amended 7-6-2021 )