Section
90.01 Declaration of purpose
90.02 Administration
90.03 Definitions
90.04 Abandoned vehicle unlawful; removal authorized
90.05 Nuisance vehicle unlawful; removal authorized
90.06 Junked motor vehicle regulated; removal authorized
90.07 Removal of abandoned, nuisance or junked motor vehicles; pre-towing notice requirements
90.08 Exceptions to prior notice requirement
90.09 Removal of vehicles; post-towing notice requirements
90.10 Right to probable cause hearing before sale or final disposition of vehicle
90.11 Redemption of vehicle during proceedings
90.12 Sale and disposition of unclaimed vehicle
90.13 Conditions on removal of vehicles from private property
90.14 Protection against criminal or civil liability
90.15 Exceptions
90.16 Unlawful removal of impounded vehicle
Statutory reference:
Removal, disposal of junked and abandoned motor vehicles, see G.S. § 160A-303
(A) The town is authorized by G.S. §§ 160A-193, 160A-303 and 160A-303.2 to regulate, restrain or prohibit abandoned, nuisance and junked motor vehicles on public and private property within the town’s ordinance-making jurisdiction.
(B) The town finds it necessary and desirable to promote or enhance:
(1) The quality of urban attractiveness and aesthetic appearance of the town;
(2) The protection of property values throughout the town;
(3) The preservation of the liveability and attractiveness of neighborhoods;
(4) The promotion of tourism, conventions and other opportunities for economic development for the town;
(5) 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
(6) The promotion of the comfort, happiness and emotional stability of occupants of property in the vicinity of junked motor vehicles.
(1985 Code, § 90.01)
(A) The Town Police Department and Town Manager shall be responsible for the administration and enforcement of this chapter.
(B) The Police Department shall be responsible for administering the removal and disposition of vehicles determined to be abandoned on the public streets and highways within the town, and on property owned by the town.
(C) The Town Manager or his or her designee shall be responsible for administering the removal and disposition of abandoned, nuisance or junked motor vehicles located on private property.
(D) The town may, on an annual basis, contract with private tow truck operators or towing businesses to remove, store and dispose of abandoned vehicles, nuisance vehicles and junked motor vehicles in compliance with this chapter and applicable state laws.
(E) Nothing in this chapter shall be construed to limit the legal authority or powers of officers of the Town Police Department and Fire Department in enforcing other laws or in otherwise carrying out their duties.
(1985 Code, § 90.02)
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) Is left upon a public street or highway in violation of a law or ordinance prohibiting parking;
(2) Is left on a public street or highway for longer than seven days;
(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 supervisory employee of the Police Department or the Town Manager, respectively, designated to authorize the removal of the vehicles under the provisions of this chapter.
MOTOR VEHICLE or VEHICLE. All machines designed or intended to travel over land by self-propulsion or while attached to any self-propelled vehicle.
JUNKED MOTOR VEHICLE. As authorized and defined in G.S. § 160A-303.2, a vehicle that does not display a current license plate lawfully upon that vehicle and that:
(1) Is partially dismantled or wrecked;
(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.
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 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 putrescible 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.
(1985 Code, § 90.03) (Ord. 2005-16, passed 11-1-2004; Ord. 2007-55, passed 5-24-2007)
(A) It shall be unlawful for the registered owner or person entitled to possession of a vehicle to cause or allow the vehicle 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 the vehicle removed.
(1985 Code, § 90.04)
(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 nuisance vehicle.
(B) Upon investigation, the Town Manager may determine and declare that a vehicle is a health or safety hazard and a nuisance vehicle as defined above, and order the vehicle removed.
(1985 Code, § 90.05)
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