The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Abandoned motor vehicle
means a motor vehicle that is inoperable and more than five
years old and left unattended on public property for more than 48
hours, or a motor vehicle that has remained illegally on public property
for a period of more than 48 hours, or a motor vehicle that has remained
on private property without the consent of the owner or person in
control of the property for more than 48 hours, or a motor vehicle
left unattended on the right-of-way of a designated county, state,
or federal highway within this state for more than 48 hours or for
more than 12 hours on a turnpike project constructed and maintained
by the state turnpike authority.
Motor vehicle
means a motor vehicle subject to registration under the Certificate of Title Act, Vernon’s Ann. Civ. St. art. 6687-1, except that for purposes of sections
46-112 through
46-114, “motor vehicle” includes a motorboat, outboard motor, or vessel subject to registration under V.T.C.A., Parks and Wildlife Code ch. 31.
If an abandoned motor vehicle has not been reclaimed as provided by section
46-113, the police department may sell the vehicle at a public auction. Proper notice of the public auction shall be given, and in the case of a garagekeeper’s lien, the garagekeeper shall be notified of the time and place of the auction. The purchaser of the motor vehicle takes title to the motor vehicle free and clear of all liens and claims of ownership, shall receive a sales receipt from the police department, and is entitled to register the purchased vehicle and receive a certificate of title. From the proceeds of the sale of an abandoned motor vehicle, the police department shall reimburse itself for the expenses of the auction, the costs of towing, preserving, and storing the vehicle that resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs incurred under section
46-113. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lien holder for 90 days and then shall be deposited in a special fund that shall remain available for the payment of auction, towing, preserving, storage, and all notice and publication costs that result from placing another abandoned vehicle in custody, if the proceeds from a sale of another abandoned motor vehicle are insufficient to meet these expenses and costs. The amount in the special fund that exceeds $1,000.00 may be transferred from the special fund to the general revenue account to be used by the police department.
(Code 1974, § 7-64)