(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. Any motor vehicle, or major part thereof, which is inoperative and which has been abandoned on public property for any period of time over five days, other than in an enclosed building or in a licensed salvage yard or at the business establishment of a demolisher; or any motor vehicle, or major part thereof, which has remained on private property without consent of the owner or person in control of the property for any period of time over five days; or any motor vehicle, or major part thereof, which is unattended, discarded, deserted and unlicensed and is not in an enclosed building, a licensed salvage yard or the actual possession of a demolisher; provided, that a motor vehicle, or major part thereof, shall not be considered an ABANDONED MOTOR VEHICLE if:
(a) The owner of the motor vehicle is storing the motor vehicle on the owner’s property;
(b) The motor vehicle is being stored for the purpose of using its parts on other motor vehicles owned by the owner;
(c) The owner owns other motor vehicles similar to the motor vehicle being stored; and
(d) The owner is a business licensed to do business in the state and not in the primary business of offering motor vehicles or parts thereof for sale.
ENCLOSED BUILDING. A structure surrounded by walls or one continuous wall and having a roof enclosing the entire structure and includes a permanent appendage thereto.
MOTOR VEHICLE. A vehicle which is or was self-propelled, including, but not limited to, automobiles, trucks, buses and motorcycles.
PERSON. A natural person, corporation, firm, partnership, association or society and the plural as well as the singular.
(W. Va. Code 17-24A-1)
(B) Abandonment of motor vehicle prohibited. No person shall, within this municipality, abandon a motor vehicle or major part thereof upon the right-of-way of any public highway, upon any other public property or upon any private property without the consent of the owner or person in control of the property, or upon property owned or controlled by that person, unless it be at a licensed salvage yard or at the business establishment of a demolisher, or a business licensed to do business in the state and not in the primary business of offering motor vehicles or parts thereof for sale.
(W. Va. Code 17-24A-2)
(Prior Code, § 361.07) Penalty, see § 75.99