§ 93.03 LIABILITY OF PERSONS TO OWNERS.
   (A)   Abandonment prohibited. It shall be unlawful for any person to abandon any motor vehicle defined under § 93.01 of this chapter as an abandoned motor vehicle or as a junked motor vehicle.
   (B)   Duty to remove health or safety hazard vehicles. It shall be unlawful for any person to leave or allow to remain on property under his or her control or management any motor vehicle which is a health or safety hazard vehicle as defined in § 93.01 of this chapter.
   (C)   Duty to remove junked vehicles. It shall be unlawful for any person to leave or allow to remain on property under his or her control or management any motor vehicle which is a junked motor vehicle for aesthetic purposes as defined in § 93.08 of this chapter.
   (D)   Notice of towing. Any junked or abandoned motor vehicle or health or safety hazard vehicle found to be in violation of this chapter may be towed to a storage area. Whenever a motor vehicle is towed pursuant to the provisions of this chapter, the town shall provide notice to the owner as follows.
      (1)   Where a vehicle with a valid registration plate or registration is towed, the authorizing person shall immediately notify the last known registered owner of the vehicle of the following:
         (a)   A description of the vehicle;
         (b)   The place where the vehicle is stored;
         (c)   The violation with which the owner is charged, if any;
         (d)   The procedure the owner must follow to have the vehicle returned to him or her; and
         (e)   The procedure the owner must follow to request a probable cause hearing on the towing.
      (2)   If the vehicle has a state registration plate or registration, notice shall be given to the owner within 24 hours. If the vehicle is not registered in this state, notice shall be given to the owner within 72 hours. This notice shall, if feasible, be given by telephone. Whether or not the owner is reached by telephone, notice shall be mailed to his or her last known address unless he or she or his or her agent waives this notice in writing.
      (3)   Whenever a vehicle with neither a valid registration plate, nor registration, is towed pursuant to the provisions of this chapter, the authorizing person shall make reasonable efforts, including checking the vehicle identification number, to determine the last known registered owner of the vehicle and to notify him or her of the information listed in division (D)(1) above. Unless the owner has otherwise been given notice, it is presumed that the authorizing person has not made reasonable efforts, as required under this division (D)(3), unless notice that the vehicle would be towed was posted on the windshield or some other conspicuous place at least seven days before the towing actually occurred, except no pre-towing notice need be given if the vehicle impeded the flow of traffic or otherwise jeopardized the public welfare so that immediate towing was necessary.
(Ord. passed 9-9-2021) Penalty, see § 93.99