[Ord. of 6-2-1997]
Any abandoned or junk vehicles and any discarded motor vehicle
parts, as hereinafter defined, are prohibited within the territorial
limits of the Town of Windham.
[Ord. of 6-2-1997]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any vehicle located on private property for a period of 30
consecutive calendar days, or on public property for a period of 24
hours, that falls within one or more of the following categories:
The vehicle is unregistered;
The vehicle has invalid marker plates;
The vehicle is inoperative;
The vehicle is so damaged, vandalized, dismantled or in disrepair
as to be unusable as a vehicle; or
The vehicle is no longer used and is not lawfully stored within
a garage, building or structure, or other enclosure.
Parts of a vehicle or old iron, assorted junk or loose material,
such as metal, glass, paper, cordage, or other discarded waste or
secondhand material which has been part of or is intended to be a
part of any motor vehicle, or any part of a motor vehicle which is
located on private property for a period of 30 consecutive calendar
days, or on public property for a period of 24 hours, provided that
any such parts or materials are not lawfully stored within a garage,
building, structure, or other enclosure.
Incapable of performing the function for which it was designed
by virtue of missing parts, or broken or severely damaged essential
components.
Any vehicle propelled or drawn by any power, including, but
not limited to, an automobile, bus, car, mobile/manufactured home,
moped, motorcycle, recreational vehicle, tractor trailer, or truck,
and/or any similar vehicle, including bicycles.
[Ord. of 6-2-1997]
The Chief of Police or the chief executive officer may designate
one or more persons who may enforce all or a portion of the provisions
of this article, including, but not limited to, providing all notice
required by this article, and removal and disposition of any abandoned
or junk vehicle or discarded vehicle parts.
[Ord. of 6-2-1997]
(a)
When the Chief of Police, his designee, or the designee of the chief
executive officer, together or separately, finds that any abandoned
or junk vehicle or discarded vehicle parts are located on private
property, the designated official may notify the owner of such property,
the person in possession or control of such property, and also the
owner of such junk, vehicles or parts, if known, in writing, by regular
mail or by certified mail, return receipt requested and postage prepaid,
to cause the immediate removal of such junk vehicle or parts from
such property. If such owner or person has not caused the removal
of such junk vehicle or parts from such private property by the date
established in the notice (or within 30 calendar days if no date is
established, or if the word "immediate," or any form thereof, is used
in such notice), such official may remove or cause the removal of
such vehicle or parts to a licensed vehicle recycler's yard, to an
area authorized by the proper authority for impoundment and disposal
of such vehicle or parts, or to such other appropriate location. The
Town of Windham shall be entitled, by way of demand and/or action
in the superior court, to seek reimbursement of its costs, expenses
and fees, including those incurred in seeking reimbursement, incurred
in the removal or disposition of any such vehicle or parts from either
or all of the owner of such private property, the party in possession
or control or such property, or the owner of such vehicle or parts.
(b)
When the Chief of Police, his designee, or the designee of the chief
executive officer, together or separately, finds an abandoned vehicle
or discarded vehicle parts on public property, such person may remove,
or cause such vehicle or parts to be removed, to one of the following:
A licensed vehicle recycling yard, an area authorized by the proper
authority for impoundment and disposal of such vehicle, or to such
other appropriate location. Where the removal involves a vehicle,
either before, during, or as soon as is practical after the removal,
the officials shall notify the owner of the vehicle, if known, in
writing by regular mail, or by certified mail, return receipt [requested],
of such removal and the location to which it was removed. The town
shall be entitled, by way of demand and/or action in the superior
court, to seek reimbursement of its costs, expenses and fees, including
those incurred in seeking reimbursement and those in removing and
disposing of such vehicle, from the owner of such vehicle or property.
[Ord. of 6-2-1997]
Prior to the removal of an abandoned vehicle from private property,
as provided herein, the Chief of Police, his designee, or the person
designated by the chief executive officer may notify the commissioner
of the state department of motor vehicles of the vehicle and the removal
action. This notice may include the location of the vehicle, the identification
number thereof, if available, and such other description or identification
of the vehicle as may assist in establishing the legal ownership of
the vehicle.
[Ord. of 6-2-1997]
In addition to remedies set forth in this article, violation of any provisions of this article shall be enforced and be punishable in accordance with Section 1-7 of this Code.
[Ord. of 6-2-1997]
This article shall not apply to abandoned vehicles and discarded
vehicle parts in a motor vehicle recycler's yard that is licensed
in accordance with G.S. title 14, chapter 246.
[Ord. of 6-2-1997]
Nothing in this article shall preclude, or be deemed to preclude,
the Chief of Police, his designee, the chief executive officer, his
designee, the Fire Marshal, his designee, any Fire Chief or his designee,
or any other authorized officer from moving or removing vehicles or
discarded vehicle parts in the event of an emergency.
