[HISTORY: Adopted by the Mayor and Council
of the Town of Elsmere 1-12-1993 by Ord. No. 290. Amendments noted where
applicable.]
As used in this chapter the following terms
shall have the meanings indicated:
Any vehicle which is either:
Inoperable.
Dismantled.
Wrecked.
Not displaying a valid license/registration
plate, not displaying an inspection sticker or is displaying an inspection
sticker which has been expired for more than 30 calendar days.
[Amended 5-14-2015 by Ord. No. 594]
Inoperable in the manner for which it is designed.
Situated on private property or has been placed
upon any state or public highway or roadway within the corporate limits
of the Town of Elsmere for a period in excess of 24 hours without
being removed. Vehicles otherwise meeting this definition of an abandoned
vehicle and are stored in a garage or fully enclosed structure shall
not be considered an abandoned vehicle for the purpose of this chapter.
Any vehicle which has been parked upon a public roadway without moving for a period of 10 business days after notice has been properly posted upon the vehicle by the Code Enforcement Officer or a police officer, in accordance with § 211-2B of this chapter.
[Added 3-26-1998 by Ord. No. 354]
A vehicle shall have been removed from a public
roadway for the purpose of this chapter when it has been:
[Added 3-26-1998 by Ord. No. 354; amended 6-11-2009 by Ord. No.
507]
A shelter or repair shop for automotive vehicles.
Something that causes or entails suffering or privation through
no fault of the effected party.
A retail station for servicing motor vehicles, especially
with gasoline and oil.
Any portion of the highway or roadway located within the
right-of-way lines or, in the case of limited-access highway, the
denial of access lines, including shoulders and median strip.
[Amended 3-26-1998 by Ord. No. 354]
A.
This chapter shall be enforced by the Code Enforcement
Officer or a police officer of the Town of Elsmere.
B.
The Code Enforcement Officer or a police officer shall post a notice on an abandoned vehicle (as defined in § 211-1), in a conspicuous place on the vehicle, which states that the vehicle be removed by a stated date and time (the date and time will not be less than 24 hours following the posting of the notice). If the vehicle is not removed within the time period designated by the notice, the abandoned vehicle shall be removed by a towing service to a storage area designated by the Department of Public Safety and will be subject to disposal in accordance with law. Such notice shall also set forth verbatim § 4403 of Title 21 of the Delaware Code.
[Amended 9-18-2003 by Ord. No. 420]
C.
In the event that a vehicle is abandoned on private property without the consent of the owner or occupant and a complaint is filed with the Code Enforcement Officer or a police officer by the property owner or occupant, the vehicle may be removed by the Code Enforcement Officer or a police officer in the manner provided in this chapter, except that the posting of a notice required in § 211-2B may be omitted.
D.
In the event that a vehicle is abandoned on private
property, private right-of-way, alleyway or easement with the consent
of, or is owned by, the owner or occupant of the private property,
private right-of-way, alleyway or easement where the vehicle is located,
the Code Enforcement Officer or a police officer will follow this
procedure:
(1)
Request and verify ownership of the abandoned vehicle
from the property owner.
(2)
Notify the owner of the abandoned vehicle by certified
mail to the last known address of owner, or by personal notice that
the vehicle must be removed within five days from the date of mailing
or notice.
(3)
If the owner cannot be located or the vehicle is not removed within five days of notice, the Code Enforcement Officer or a police officer may post a notice at some conspicuous place on the vehicle as stated in § 211-2B.
(4)
This subsection shall not apply to automobile graveyards
as defined in § 1202(b)(2) of Title 17 of the Delaware Code,
nor to any vehicle for which a permit has been issued by the Town
Manager.
E.
In the event that a vehicle is abandoned or parked within a private right-of-way, alleyway or easement in such a manner as to impede the flow of traffic or cause a safety hazard, and/or a complaint is filed with Code Enforcement Officer or a police officer by a property owner, occupant or other person within a right-of-passage across the right-of-way, the Code Enforcement Officer or a police officer may proceed with the removal of the abandoned or parked vehicle as stated in § 211-2B, except that the posting required may be omitted.
F.
Any person having his or her vehicle posted as abandoned
by any police officer or the Code Enforcement Officer for a violation
of § 211-1H of this Code shall have an opportunity to provide
proof that the vehicle is operational.
[Added 3-26-1998 by Ord. No 354]
(1)
The owner of a vehicle, which has received such notice,
shall adhere to the following procedure:
(a)
The owner must contact the officer posting such
notice upon his or her vehicle within 10 business days of the posting
and request to meet with the officer.
(b)
When the officer and the owner meet, the owner
must be able to start the vehicle and prove to the officer's satisfaction
that the vehicle is operational.
(2)
If the officer agrees that the vehicle is operational,
the notice of intent to tow shall be voided by the officer and the
complaint shall be cleared and a report concerning the officer's actions
shall be written.
The Code Enforcement Officer, any police officer
or their agent, or any person towing or storing a vehicle shall not
be liable for criminal prosecution or responsible for any personal
injury, loss or destruction of any real or personal property which
occurs in the course of the removal or storage of any vehicle taken
into custody under this chapter.
Any vehicle left in the possession of a garage
or service station for the purpose of being repaired shall not be
considered as an abandoned vehicle under this chapter. No garage or
service station owner shall maintain more than five such vehicles
within a thirty-day period, which can be extended due to hardship,
unless he complies with § 1206 of Title 17 of the Delaware
Code, relating to the screening of junkyards.
Any resident of the Town of Elsmere will be
permitted to store one vehicle on his or her property that by definition
would be considered an abandoned vehicle by this chapter, provided
he or she complies with the requirements of this section:
A.
Eligibility. A resident is eligible to apply for a
permit to store a vehicle on private property should any of the following
criteria be met:
B.
Applications. A letter requesting a vehicle storage
permit must be submitted to the Town Manager, 11 Poplar Avenue, stating,
in writing:
(1)
The name and address of vehicle owner.
(2)
A description of the vehicle and copy of vehicle registration.
(3)
The exact storage location of the vehicle on the property.
(4)
The reason vehicle is to be stored.
(5)
The requested length of time the vehicle will be stored.
(6)
Any other information deemed necessary by the Town
Manager or Code Enforcement Officer or a police officer.
[Amended 3-26-1998 by Ord. No. 354]
C.
Processing. The Town Manager will review the application
with the Code Enforcement Officer or a police officer, the Police
Chief and send notice of the request to all property owners within
200 feet of the property where the vehicle is being stored. The applicant
will be notified by mail if the request is denied.
[Amended 3-26-1998 by Ord. No. 354]
D.
Approval of a permit. When the application is approved,
the Town Manager will issue a permit for storage of a vehicle on private
property that will state the following:
(1)
The name and address of vehicle owner.
(2)
A description of vehicle.
(3)
The exact storage location of the vehicle on the property.
(4)
The permit expiration date.
(5)
Any other conditions or information deemed necessary
by the Town Manager or Code Enforcement Officer or a police officer.
[Amended 3-26-1998 by Ord. No. 354]
(6)
Copies of the permit will be given to the applicant,
Code Enforcement Officer or a police officer, Chief of Police and
the Town Manager's office.
[Amended 3-26-1998 by Ord. No. 354]
E.
Length of time for the permit. The Town Manger shall
determine how long the permit shall be issued for; however, the following
rules shall apply:
(1)
No permit for an "historic" or "classic" vehicle shall
be issued for a period of longer than one year. These permits shall
be renewable one time upon reapplication.
(2)
No permit for a vehicle undergoing repairs or renovations
shall be issued for a period to exceed 30 days. These permits shall
not be renewable.
(3)
No permit based on hardship shall be issued for a
period to exceed one year. These permits are not renewable.
F.
Expiration of permit. A permit will expire as of the date marked on the permit and/or may be revoked at any time if, in the opinion of the Town Manager, the conditions are not met as stated on the permit. When the permit expires, an applicant must reapply for another permit as stated in § 211-5E of this chapter, if allowable.
G.
Cost of permit. Vehicle storage permits will cost
$50 a month and shall be paid to the Town of Elsmere before the permit
is issued. The cost of the permit is not refundable. This permit fee
may be abated or reduced at the discretion of the Town Manager in
cases of documented financial hardship.
[Amended 9-18-2003 by Ord. No. 420]
In the event a motor vehicle is left unattended
upon a roadway, highway or private property within the corporate limits
of the Town of Elsmere and is determined to be a safety hazard by
the Code Enforcement Officer or any police officer, an attempt shall
be made to contact the owner or occupant of the vehicle. If the owner
or occupant cannot be reached within 30 minutes and/or the owner or
occupant refuses to move the vehicle or make it safe, the vehicle
shall be removed and impounded immediately.
[Amended 6-20-2002 by Ord. No. 404; 9-10-2015 by Ord. No.
600]
Any person that willfully or voluntarily abandons
a vehicle within the corporate limits of the Town of Elsmere, upon
the private property of another without his consent, shall be fined
no less than $100 nor more than $200.
Before the owner or his agent (hereafter, "owner")
shall be permitted to remove a vehicle which has been impounded in
accordance with this chapter, the following steps shall be taken:
A.
The owner shall pay to the Town of Elsmere and/or
the appropriate court any and all fines owed for the violations for
which the vehicle was towed as well as any other fines for any other
parking violations which the vehicle owner may owe.
B.
The owner shall provide the Elsmere Bureau of Police
with proof of ownership of the vehicle.
C.
The owner will then be issued a vehicle release form.
D.
The owner will then present the impound yard with
the official release form. The owner will then pay to the impound
operator all towing and storage charges due.
E.
The impound yard owner shall then release the vehicle
to the owner.
If any vehicle is found within the corporate
limits of the Town of Elsmere to be in violation of this chapter and
is unattended at the time the violation is discovered and the identity
of the operator is not apparent, the person in whose name such vehicle
is registered as the owner shall be held prima facie responsible for
such violation.
In the event that the fine on or the violations
for which the vehicle was towed is paid under protest, the offender
shall be entitled to a hearing before a Justice of the Peace Court.
