CHAPTER 95: ABANDONED MOTOR VEHICLES
Section
   95.01   Definitions
   95.02   Administration
   95.03   Abandoned vehicle unlawful; removal authorized
   95.04   Hazardous vehicle unlawful; removal authorized
   95.05   Junked motor vehicle unlawful; removal authorized
   95.06   Pre-towing notice required
   95.07   Removal of vehicles; post-towing notice
   95.08   Probable-cause hearing prior to disposition
   95.09   Conditions on removal of vehicles from private property
   95.10   Redemption of removed vehicle
   95.11   Sale and disposition of unclaimed vehicle
   95.12   Immunity from criminal and civil action
   95.13   Exceptions
   95.14   Unlawful removal of impounded vehicle
§ 95.01 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. As authorized and defined in G.S. § 160A-303, one that is left:
      (1)   Upon a street or highway in violation of a law or ordinance prohibiting parking; or
      (2)   On property owned or operated by the town for longer than 24 hours; or
      (3)   On private property for longer than two hours without the written consent of the owner, occupant or lessee of the property; or
      (4)   On any public street of highway for longer than seven days or is determined by law enforcement to be a hazard to the motoring public.
   HAZARDOUS MOTOR 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, snakes, rats or other pests;
      (2)   A point of heavy growth of weeds or other noxious vegetation over 18 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;
      (5)   One that has areas of confinement that cannot be opened 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)   A point of collection of garbage, food waste, animal waste or any other rotten or putrescible matter of any kind;
      (8)   One that has sharp parts that are jagged or contain sharp edges of metal, glass or other rigid materials; or
      (9)   One that creates any circumstances that expose the general public to a safety or health hazard.
   JUNKED MOTOR VEHICLE. As authorized and defined in G.S. § 160A-303.2, one 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 $500; or
      (4)   Does not display a current license plate.
   MOTOR VEHICLE. Any machine designed or intended to travel over land or water by self-propulsion or while attached to a self-propelled vehicle.
   PRIVATE PROPERTY. All of that property as described and set out in an owner’s deed, including, but not limited to, yards, grounds, driveways, entrances or passageways, parking areas, storage areas, vacant land, bodies of water, including sidewalks, grass strips, curbs or rights-of-way up to the edge of the pavement of any public street.
   PUBLIC PROPERTY. All that property, except private property as herein defined, including, but not limited to, highways, streets, alleys, parks, recreation areas, sidewalks, grass strips, medians, curbs or rights-of-way up to the edge of the pavement of any public street or body of water.
   PUBLIC RIGHT-OF-WAY. Land that is dedicated or otherwise legally established for public use.
(Ord. passed 1-9-2024)
Statutory reference:
   Abatement of public health nuisances, see G.S. § 160A-193
§ 95.02 ADMINISTRATION.
   (A)   The town police and Code Enforcement Officer shall be responsible for the administration and enforcement of this chapter. The Police Department shall be responsible for administering the removal of vehicles determined to be abandoned on public property, including streets and parking lots within the town limits. The Code Enforcement Officer shall be responsible for administering the removal of abandoned, junked and hazardous vehicles located on private property within the town.
   (B)   The town may contract with private towing operators to remove, store and dispose of abandoned, junked and hazardous vehicles in compliance with all state and local laws. Nothing in this chapter shall be construed to limit the legal authority and powers of the town police officer in enforcing other laws or in otherwise carrying out their duties.
(Ord. passed 1-9-2024)
§ 95.03 ABANDONED VEHICLE UNLAWFUL; REMOVAL AUTHORIZED.
   (A)   It shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow it to be abandoned as the term is defined herein.
   (B)   Upon investigation, proper authorizing officials of the town may determine that a vehicle is an abandoned vehicle and order it removed.
(Ord. passed 1-9-2024)
§ 95.04 HAZARDOUS VEHICLE UNLAWFUL; REMOVAL AUTHORIZED.
   (A)   It shall be unlawful for the registered owner or person entitled to possession of a motor vehicle, or for 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 hazardous vehicle.
   (B)   Upon investigation, the proper authorizing official of the town may determine and declare that a vehicle is a hazardous vehicle and order it removed.
(Ord. passed 1-9-2024)
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