(A) Impoundment of vehicles authorized.
(1) Whenever a police officer finds a motor vehicle that has been wrecked or disabled upon the public streets or ways of the city or upon city property or that may have been parked in violation of a city ordinance or state law, the officer shall have the vehicle towed from the area.
(2) If the owner or operator of the vehicle is present at the time the vehicle is to be towed, he or she may call a wrecker company of his or her choice, and in such case, the provisions of this section shall not apply.
(3) However, if the owner or operator of the vehicle is not present or does not state a preference for a certain wrecker company, the police officer at the scene shall have an appropriate wrecker dispatched to remove the vehicle to any destination within the city limits which is requested.
(4) A police officer may have a vehicle removed to a storage area or garage if the vehicle has been parked in a prohibited parking area in violation of a city ordinance or state law.
(5) Vehicles removed to a wrecker storage lot or garage or to a police storage lot shall be held until claimed by the legal owner or otherwise disposed of as provided by this section.
(Prior Code, § 70.43)
(B) Notification; sale of unclaimed vehicles.
(1) It shall be the duty of the Chief of Police or his or her designee to advise the owner of the vehicle of the removal of the vehicle and the place of the removal. The owner shall be construed to be the registered owner as shown by the records of the state of its registration.
(2) Notice shall be given to the owner in conformity with G.S. § 20-219.11. If the owner of such vehicle cannot be ascertained, the Chief of Police shall advertise, within five days after such vehicle is stored or impounded, once in a newspaper of general circulation in the city, the fact that the vehicle is stored or impounded, describing the same and setting forth the reasons therefor.
(3) If, at the expiration of 30 days from the date of storing or impounding of such vehicle, the rightful owner thereof has not claimed the vehicle and paid the charges herein provided, the wrecker owner shall advertise and sell such vehicle pursuant to the laws of this state (G.S. § 20-77 and Chapter 44A, Article I), governing storage charges insofar as the same are applicable to the vehicles to be sold for the towing and storage charges thereon.
(Prior Code, § 70.44)
(C) Applicability. The provisions of divisions (A) and (B) above shall be applicable to wrecker and tow-in services which are authorized by the city and the request is made by a police officer in the regular scope of his or her employment.
(Prior Code, § 70.45)
Statutory reference:
Related provisions, see G.S. §§ 20-77, 20-219.11, and Chapter 44A, Article I