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
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)
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
)
(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, the authorized officials of the town may determine that a vehicle is an abandoned vehicle and order the vehicle removed.
(2003 Code, § 5-6.3) (Adopted 3-6-2001)
(A) It shall be unlawful for the registered owner or person entitled to possession of a motor vehicle, or the owner, lessee or occupant of the real property upon which the vehicle is located to leave or allow the vehicle to remain on the property after it has been declared a nuisance vehicle.
(B) Upon investigation, the Town Manager or designee may determine and declare that a vehicle is a health or safety hazard, and a nuisance vehicle, as defined above, and order the vehicle removed.
(2003 Code, § 5-6.4) (Adopted 3-6-2001; Amended
7-6-2021
)
(A) It shall be unlawful for the registered owner or person entitled to possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located to leave or allow the vehicle to remain on the property after the vehicle has been ordered removed.
(B) It shall be unlawful to have more than one junked motor vehicle, as defined herein, on the premises of private property. A single, permitted junked motor vehicle must strictly comply with the location and concealment requirements of this section.
(C) It shall be unlawful for the owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located to fail to comply with the location requirements or the concealment requirements of this section.
(D) Subject to the provisions of § 5-6.7, the Town Manager or designee may order the removal of a junked motor vehicle found in violation of this article to a storage garage or area. No vehicle shall be removed from private property without the written request of the owner, lessee or occupant of the premises unless the Town Manager or designee finds in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. The finding shall be based upon a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following, among other relevant factors, may be considered:
(1) Protection of property values;
(2) Promotion of tourism and other economic development opportunities;
(3) Indirect protection of public health and safety;
(4) Preservation of the character and integrity of the community; and
(5) Promotion of the comfort, happiness and emotional stability of the area residents.
(2003 Code, § 5-6.5) (Adopted 3-6-2001; Amended
7-6-2021
)
Loading...