(a) Definitions.
(1) “Abandoned motor vehicle” means any motor vehicle, or major part thereof, which is inoperative and which has been abandoned or left in the same location 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/or unlicensed, and which is not physically located 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 and outside the plain view of the general public; or
B. The owner is a business licensed to do business in the State of West Virginia and is licensed to engage in the primary business of offering motor vehicles or parts thereof for sale, demolishing vehicles, repairing vehicles, or operating a salvage yard;
(2) “Enclosed building” means a structure surrounded by walls or one continuous wall and having a roof enclosing the entire structure and includes a permanent appendage thereto.
(3) “Motor vehicle” means a vehicle which is or was designed or intended to be self-propelled, including, but not limited to, automobiles, trucks, buses, motorboats, recreational vehicles, and/or motorcycles.
(4) “Person” means a natural person, corporation, firm, partnership, association or society and shall include the plural as well as the singular (WVaC 17-24-1)
(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, street, or alley, upon any other public property, or upon any private property within the plain view of the general public, or upon property owned or controlled by that person, unless it be at a business licensed to do business in the State of West Virginia and said business is licensed to engage in the primary business of offering motor vehicles or parts thereof for sale, demolishing vehicles, repairing vehicles, or operating a salvage yard. (WVaC 17-24A-2)
(c) Removal of Abandoned Motor Vehicle by Municipality. Any motor vehicle determined to be an “abandoned vehicle,” as that term is defined herein, may be ordered removed from its location by the proper authorities of the Municipality and taken to a location that does not violate the terms of this section, in which case the owner shall be solely responsible for the payment of any and all applicable costs, fees, and/or expenses associated with the relocation and/or storage of the vehicle. The remedy of removing any such vehicle shall be in addition to any other penalties contained within the Codified Ordinances of the City of Point Pleasant which may be imposed upon the owner of any such vehicle. (Ord. 12-7-09)