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Town of Appomattox, VA
Appomattox County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Appomattox 4-11-1994 as Ch. 66, Art. IV, of the 1994 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 166.
Vehicles and traffic — See Ch. 185.
STATE LAW REFERENCES
Inoperable motor vehicles, etc., on residential or commercial property in certain localities, Code of Virginia, § 15.2-905; municipal regulation of traffic, Code of Virginia, § 15.2-2028; abandoned vehicles, Code of Virginia, § 46.2-1200 et seq.; removal of vehicles involved in accidents, Code of Virginia, § 46.2-1212; removal or immobilization of motor vehicles against which there are outstanding parking violations, Code of Virginia, § 46.2-1216; general powers of local governments as to motor vehicles, Code of Virginia, § 46.2-1300 et seq.
This article shall be known and cited by its short title, "Abandoned Auto Ordinance."
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:
ABANDONED OR INOPERABLE AUTOMOBILES
Any motor vehicle having any major component missing, such as engine, transmission, wheels, steering mechanism or other components which are necessary for the safe and normal operation of such vehicle, and which is exposed to the weather and unlicensed by the State Department of Motor Vehicles at the time of any violation of this article. Vehicles may be covered by a tarpaulin or other suitable automobile cover (plastic wrapping or bagging material is not suitable).
PERSON
Any individual, firm, partnership, association, corporation, company or organization of any kind, whether that person is the owner, tenant, lessee or occupant of private property.
PRIVATE PROPERTY
Any lot or area which is subdivided or under one ownership. Any person shall be deemed in violation of this article if such conditions as are herein provided exist on any one lot or area, irrespective of whether or not such person owns or controls areas or lots contiguous or adjacent to the lot or area alleged to be in violation of this article.
[1]
Editor's Note: Definitions generally, See Ch. 1, Art. I.
The purpose of this article is to prevent the accumulation of inoperable and/or abandoned motor vehicles or parts thereof in unapproved and inappropriate locations in the Town, inasmuch as the same constitute an unsightly, obnoxious and insanitary condition within the Town. The presence of such motor vehicles increases the danger of certain communicable diseases by providing a breeding place for rats, mice and other known disease carriers and constitutes a condition detrimental to the mental and economic well-being of the citizens of the Town. It is therefore deemed imperative for the preservation of health, safety, peace and the general public welfare requiring it that adequate regulations concerning abandoned or inoperable motor vehicles are adopted requiring property owners, tenants, occupants or lessees to remove such vehicles from their premises.
This article shall apply throughout the Town.
Except where permitted by provisions of Chapter 195, Zoning, of this Code, no person shall permit, place or have or aid in permitting, placing or having one or more inoperable or abandoned automobiles upon private property. Such vehicles shall not be visible from any public roads or public property or any residence. If the owner uses an automobile cover to comply with this section, the cover must be approved by the Town Manager who shall consider the Town’s approved list of covers.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
The county sheriff or any deputy sheriff shall have the right to enter the property without consent of the owner or occupant at any time during daylight hours and at such other reasonable times as may be necessary to enforce this article, but entry into private residences is prohibited.
Failure to comply with any provision of this article shall constitute a class 1 misdemeanor. Each and every week that a violation continues shall be deemed a separate offense.
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:
AUTOMOBILE GRAVEYARD
Any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated and which it would not be economically practical to make operative, are placed, located or found and which is licensed for operation by the Town.
MOTOR VEHICLE
Every vehicle which is self-propelled or designed for self-propulsion.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
[1]
Editor's Note: Definitions generally, see Ch. 1, Art. I.
This article is enacted pursuant to authority contained in Code of Virginia, § 15.2-974.
There is hereby imposed a license tax of $250 per year upon the owner of each motor vehicle located within the Town which is visible from any public road, public property or residence, which such motor vehicle does not display current license plates and which is not otherwise exempted thereby.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
The tax levied under this article shall not apply to the following:
A. 
Motor vehicles which are exempted from the requirements of displaying such license plates under the provisions of Code of Virginia, §§ 46.2-650 through 46.2-750, inclusive.
B. 
Motor vehicles which are in a public landfill.
C. 
Motor vehicles which are in an automobile graveyard.
D. 
Motor vehicles which are in the possession of a licensed junk dealer or licensed motor vehicle dealer, provided that the vehicles are located on the same premises as the dealership is licensed for. If located on adjacent or other property, the tax shall apply.
E. 
Motor vehicles which are being held or stored by or at the discretion of any governmental authority.
F. 
Motor vehicles which are owned by a member of the armed forces on active duty.
G. 
Motor vehicles which are regularly stored within a structure or covered by a tarpaulin or other suitable automobile cover (plastic wrapping or bagging material is not suitable).
H. 
School buses being used for storage of perishable commodities or products.
I. 
Motor vehicles which are out of sight of a public road or other public property or any residence.
For the purpose of this article, the license year shall begin on April 1 and extend through March 31 of each next succeeding year.
For the first license year, the license tax imposed under this article shall be paid not later than May 15 of the tax year, but the tax may be paid on or after April 15 preceding such license year. For each succeeding license year, the license tax imposed in this article shall be paid not later than March 31 of the tax year, but the tax may be paid on or after March 1 preceding such license year.
The license tax imposed by this article shall be paid to the Town Treasurer, whereupon the Treasurer shall issue to the motor vehicle owner an appropriate license decal or other insignia which shall show thereon the word "Appomattox," an indication of the year for which it was issued, the number of the license and the words "unlicensed vehicle," which such license decal the owner shall display in a prominent place on the motor vehicle for which it was purchased, which such decal shall be clearly visible from outside the motor vehicle.
The revenue derived from the tax levied under this article shall be paid into the general fund of the Town.
The county sheriff or any deputy sheriff shall have the right to enter the property without consent of the owner or occupant at any time during daylight hours and at such other reasonable times as may be necessary to enforce this article, but entry into structures is prohibited.
Any person failing or refusing to pay the license tax provided for in this article or failing to display the license decal provided for in this article shall be deemed guilty of a class 1 misdemeanor.