Abandoned Vehicles Ordinance

Abandoned Vehicles
For full ordinance please visit this link: (Chapter 92) (see ordinance)

92.02 OFFENSES RELATING TO INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY.


(A) It shall be unlawful for any person to keep an inoperable motor vehicle on any property zoned for residential or commercial or agricultural purposes, except within a fully enclosed building or structure or otherwise shielded or screened from view.


(B) This chapter shall not apply to a salvage dealer, demolisher, rebuilder, salvage pool or vehicle removal operator as defined in VA Code § 46.2-1600.


(C) This chapter shall not apply to farm use motor vehicles used exclusively for farm use when owned by a person who is engaged either as an owner, renter, or operator of a farm of a size reasonably requiring the use of such vehicle used in the transportation of agricultural commodities, poultry, dairy products or livestock of the farm he is working to market, or when used to transport materials, tools, equipment or supplies that are to be used or consumed on the farm he is working shall be exempt from this chapter.


(D) Any person violating this section shall be assessed a civil penalty in the amount of $100 for a first violation and $250 for a second violation upon a finding by the Northampton General District Court. Each day during which the violation is found to have existed shall constitute a separate offense. A separate offense shall be deemed committed for each motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer or semitrailer that is in violation of this section. In addition to such civil penalties, such violations shall be also be a Class 3 misdemeanor in the event three civil penalties have previously been imposed on the same defendant for the same or similar violation, not arising from the same set of operative facts, within a 24-month period.


(E) If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense.


(F) In addition to the penalty prescribed in division (D) above, the authorized county official may cause the owner or occupant of any parcel of land found to contain an inoperable motor vehicle which is not enclosed in a structure or shielded or screened from view, to be given notice that the county will cause the vehicle to be removed unless the vehicle is enclosed in a structure or shielded or screened from view or removed from the property within 48 hours or within some longer time period stated in the notice. If the owner or occupant fails to comply with the notice and abate the nuisance within the specified time, the county may cause such vehicle to be removed and impounded

(Ord. passed 11-19-2013)

92.03 OFFENSES RELATING TO ABANDONED MOTOR VEHICLES.


   (A) No person shall cause any motor vehicle to become an abandoned motor vehicle. In any prosecution for a violation of this section, proof that the defendant was, at the time that the vehicle was found abandoned, the owner of the vehicle shall constitute in evidence a rebuttable presumption that the owner was the person who committed the violation. Such presumption, however, shall not arise if the owner of the vehicle provided notice to the Department, as provided in VA Code § 46.2-604, that he had sold or otherwise transferred the ownership of the vehicle.


(B) A summons for a violation of this section shall be executed by mailing a copy of the summons by first-class mail to the address of the owner of the vehicle as shown on the records of the Department of Motor Vehicles and delivered to the Sheriff of the county for service on the accused personally.


(C) Any person convicted of a violation of this section shall be subject to a civil penalty of no more than $500. If any person fails to pay any such penalty, his privilege to drive a motor vehicle on the highways of the Commonwealth shall be suspended as provided in VA Code § 46.2-395.


(D) All penalties collected under this section shall be paid into the state treasury to be credited to the Literary Fund as provided in VA Code § 46.2-114.

(Ord. passed 11-19-2013)