[HISTORY: Adopted by the Mayor and Council
of New Castle 5-9-2000 by Ord. No. 392. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 225.
As used in this chapter, the following terms
shall have the meanings indicated:
Any vehicle which is either;
Inoperable.
Dismantled.
Wrecked.
Displaying expired registration plates, at least
30 days expired.
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 City of New Castle for a period in excess of 24 hours without
being removed. Vehicles otherwise meeting this definition of an abandoned
vehicle and which are stored in a garage or fully enclosed structure
shall not be considered an abandoned vehicle for the purpose of this
chapter.
A shelter or repair shop for automotive vehicles.
Something that causes or entails suffering or privation through
no fault of the affected 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 or access lines, including shoulders and median strip.
[Amended 6-8-2010 by Ord. No. 472]
A.
This chapter shall be enforced by the New Castle City Police Department
and/or the New Castle City Code Enforcement Officer.
B.
The City official handling enforcement shall post a notice on an abandoned vehicle (as defined in § 226-1), 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 New Castle City Police Department and will be subject to disposal in accordance with law. Such notice shall also be set forth verbatim § 4410 of Title 21 of the Delaware Code.
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 New Castle City Police Department and/or the New Castle City Code Enforcement Officer by the property owner or occupant, the vehicle may be removed by the City official handling enforcement in the manner provided in the chapter, except that the posting of the notice required by § 226-2B 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 City official
handling enforcement will follow this procedure:
(1)
Request and verify ownership of the abandoned vehicles from the property
owner, and the City official handling enforcement may enter upon the
property where such vehicle is located to ascertain its ownership.
(2)
Notify the owner of the abandoned vehicle by certified mail to the
last known address of the 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 City official handling enforcement may post at some conspicuous place on the vehicle as stated in § 226-2B.
(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 City Administrator.
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 the New Castle City Police Department and/or the City Code Enforcement Officer by a property owner, occupant or other person with a right-of-passage across the right-of-way, the City official handling enforcement may proceed with the removal of the abandoned or parked vehicle as stated in § 226-2B, except that the posting required may be omitted.
[Amended 6-8-2010 by Ord. No. 472]
The New Castle City Police Department or any police officer
or the City Code Enforcement 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/she complies with § 1206 of Title 17 of the Delaware
Code, relating to the screening of junkyards.
Any resident of the City of New Castle will
be permitted to store one vehicle on their property that by definition
would be considered an abandoned vehicle by this chapter, provided
that they comply 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 City Administrator stating in writing:
(1)
The name and address of the vehicle owner.
(2)
A description of the vehicle and a copy of vehicle
registration.
(3)
The exact storage location of the vehicle on the property.
(4)
The reason the vehicle is to be stored.
(5)
The requested length of time the vehicle will be stored.
(6)
The applicant must provide a written list of all property
owners within 100 feet of the applicant's property where the vehicle
will be stored.
(7)
Any other information deemed necessary by the City
Administrator or the New Castle Police Department.
C.
Processing. The City Administrator will review the
application with the New Castle Police Department and send notice
of the request to all property owners within 100 feet of the property
where the vehicle is being stored. The applicant will be notified
by mail if the request is denied.
D.
Approval of a permit.
(1)
When the application is approved, the City Administrator
will issue a permit for storage of a vehicle on private property that
will state the following:
(a)
The name and address of the vehicle owner.
(b)
A description of the vehicle.
(c)
The exact storage location of the vehicle on
the property.
(d)
The permit expiration date.
(e)
Any other conditions or information deemed necessary
by the City Administrator and the New Castle Police Department.
(f)
Copies of the permit will be given to the applicant.
E.
Length of time for the permit. The City Administrator
shall determine for how long the permit shall be issued; 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 City Administrator, the conditions are not met as stated on the permit. When the permit expires, an applicant must reapply for another permit as stated in § 226-5E of this chapter, if allowable.
G.
Cost of permit. Vehicle storage permits require payment
of a monthly fee to the City of New Castle, and must be obtained prior
to a permit being issued. The cost of the permit shall be set from
time to time by resolution of the City Council and is nonrefundable.
This permit fee may be abated or reduced at the discretion of the
City Administrator in cases of documented financial hardship.
[Amended 8-11-2009 by Ord. No. 465]
[Amended 6-8-2010 by Ord. No. 472]
In the event that a motor vehicle is left unattended
upon a roadway, highway or private property within the corporate limits
of the City of New Castle and is determined to be a safety hazard
by the New Castle City Police Department and/or the City Code Enforcement
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.
Any person who willfully or voluntarily abandons
a vehicle within the corporate limits of the City of New Castle upon
the private property of another without his/her consent, and any person
who, being the owner of an abandoned vehicle, willfully fails to remove
it pursuant to this chapter shall be fined no less than $50 or more
than $100.
Before the owner or his/her 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 the towing or impounding vendor
for all fees and costs associated with the towing of such vehicle.
B.
The owner shall provide the New Castle Police Department
with proof of valid registration and insurance for 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 City of New Castle 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 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.
[Added 7-8-2014 by Ord. No. 497]
A.
The New Castle City Code Enforcement Officer and the New Castle City
Police Department shall have the right and option, whenever a motor
vehicle is lawfully towed, seized, impounded or otherwise detained,
whether pursuant to this chapter, for evidence in an ongoing criminal
investigation or otherwise, to elect to store such vehicle on City-owned
property rather than at a privately owned storage area.
B.
Vehicles impounded and stored on City-owned property pursuant to
this section shall be subject to storage fees of $100 per day, including
partial days, or such other fee as may be later imposed by City Council
via resolution, which fee shall be paid by the owner or lessee of
the vehicle in question before the impounded vehicle is released.
C.
All other sections of this chapter, including but not limited to § 226-3 providing immunity to the New Castle City Police Department, police officers, the City Code Enforcement Officer and persons towing vehicles, shall apply with respect to vehicles stored on City-owned property pursuant to this section.
