Section
90.01 Statement of policy
90.02 Administration
90.03 Definitions
90.04 Abandoned vehicle unlawful; removal authorized
90.05 Nuisance vehicle unlawful; removal authorized
90.06 Junked motor vehicles regulated; removal authorized
90.07 Removal of abandoned, nuisance or junked vehicles; pre-towing notice
90.08 Removal of vehicle; post-towing notice requirement
90.09 Right to probable cause hearing
90.10 Redemption during proceedings
90.11 Sale of disposition of unclaimed vehicle
90.12 Protection against criminal and civil liability
90.13 Exception
90.14 Unlawful removal of impounded vehicles
90.15 Effective date
The Town Board of Commissioners has found it necessary and desirable to promote and enhance:
(A) The quality of attractiveness and aesthetic appearance of the town;
(B) The protection of property values throughout the town;
(C) The preservation of the livability and attractiveness of neighborhoods;
(D) The promotion of tourism, conventions and other opportunities for economic development for the town;
(E) The attractiveness of the town’s thoroughfares and commercial roads, which present the primary public visibility to visitors and to passers-by of the town; and
(F) The promotion of the comfort, health, happiness and emotional stability of occupants of property in the vicinity of junked motor vehicles.
(Ord. passed 6-2-2003)
(A) The Chief of Police shall be responsible for the administration and enforcement of this chapter. The Chief of Police shall be responsible for administering the removal and disposition of vehicles determined to be “abandoned” on the public streets and highways within the town over which it has any authority and on property owned by the town.
(B) The Chief shall be responsible for administering the removal and disposition of “abandoned, nuisance or junked motor vehicles” located on private property. The town may contract with private tow truck operators or towing businesses to remove, store and dispose of abandoned vehicles, nuisance vehicles and junked motor vehicles and in compliance with this chapter and applicable state laws. Nothing in this chapter shall be construed to limit the legal authority or powers of law enforcement officers in enforcing other laws or in otherwise carrying out their duties.
(Ord. passed 6-2-2003)
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, an ABANDONED MOTOR VEHICLE is one that:
(1) Has been left upon a street or highway in violation of a law or ordinance prohibiting parking; or
(2) Is left on any public street or highway for longer than seven days or is determined by any law enforcement to be a hazard to the motoring public; or
(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 two hours.
AUTHORIZING OFFICIAL. The Chief of Police is 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, 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; or
(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 VEHICLES. 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 mosquitoes, other insects, rats or other pests;
(2) A point of heavy growth of weeds or other noxious vegetation over eight 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 putrescent 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 and safety hazard and a public nuisance by the Town Board of Commissioners.
(Ord. passed 6-2-2003)
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