2006 Code of Virginia § 46.2-1213 - Removal and disposition of unattended, or immobile vehicles; ordinances in counties, cities, and to...

46.2-1213. Removal and disposition of unattended, or immobile vehicles;ordinances in counties, cities, and towns.

A. The governing body of any county, city, or town may by ordinance providefor the removal for safekeeping of motor vehicles, trailers, semitrailers, orparts thereof to a storage area if:

1. It is left unattended on a public highway or other public property andconstitutes a traffic hazard;

2. It is illegally parked;

3. It is left unattended for more than ten days either on public property oron private property without the permission of the property owner, lessee, oroccupant;

4. It is immobilized on a public roadway by weather conditions or otheremergency situation.

B. Removal shall be carried out by or under the direction of alaw-enforcement officer. The ordinance, however, shall not authorize removalof motor vehicles, trailers, semitrailers, and parts thereof from privateproperty without the written request of the owner, lessee, or occupant of thepremises. The ordinance may also provide that the person at whose request themotor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, orsemitrailer is removed from private property shall indemnify the county,city, or town against any loss or expense incurred by reason of removal,storage, or sale thereof. Any such ordinance may also provide that it shallbe presumed that such motor vehicle, trailer, semitrailer, or part thereof isabandoned if it (i) lacks either a current license plate; or a currentcounty, city or town license plate or sticker; or a valid state safetyinspection certificate or sticker; and (ii) it has been in a specificlocation for four days without being moved. As promptly as possible, eachremoval shall be reported to a local governmental office to be designated inthe ordinance and to the owner of the motor vehicle, trailer, or semitrailer. Before obtaining possession of the motor vehicle, trailer, semitrailer, orpart thereof, the owner shall pay to the parties entitled thereto all costsincidental to its removal and storage and locating the owner. If the ownerfails or refuses to pay the cost or if his identity or whereabouts is unknownand unascertainable after a diligent search has been made, and after noticeto him at his last known address and to the holder of any lien of record withthe office of the Department against the motor vehicle, trailer, semitrailer,or part of a motor vehicle, trailer, or semitrailer, the vehicle shall betreated as an abandoned vehicle under the provisions of Article 1 (46.2-1200 et seq.) of this chapter.

(Code 1950, 46-5.1; 1956, c. 114; 1958, c. 541, 46.1-3; 1960, cc. 75,204; 1966, c. 297; 1972, c. 267; 1974, c. 142; 1980, c. 551; 1984, cc. 190,381; 1985, c. 91; 1989, c. 727.)