§ 16-62. General removal and disposition of unattended vehicles, etc.

(a)

Any motor vehicle, trailer, semitrailer or part thereof may be removed for safekeeping if:

(1)

It is left unattended on a public highway or other public property and constitutes a traffic hazard;

(2)

It is illegally parked;

(3)

It is left unattended for more than ten days either on public property or on private property without the permission of the property owner, lessee, or occupant; or

(4)

It is immobilized on a public roadway by weather conditions or other emergency situation.

(b)

Removal shall be carried out by or under the direction of a law enforcement officer. Motor vehicles, trailers, semitrailers, and parts thereof shall not be removed from private property without the written request of the owner, lessee, or occupant of the premises. The person at whose request the motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, or semitrailer is removed from private property shall indemnify the town against any loss or expense incurred by reason of removal, storage, or sale thereof. It shall be presumed that such motor vehicle, trailer, semitrailer, or part thereof is abandoned if it:

(1)

Lacks either a current license plate; or a current county, city or town license plate or decal; or a valid state safety inspection certificate or sticker; and

(2)

Has been in a specific location for four days without being moved.

(c)

As promptly as possible, each removal shall be reported to the police department and to the owner of the motor vehicle, trailer or semitrailer. Before obtaining possession of the motor vehicle, trailer, semitrailer or part thereof, the owner shall pay to the parties entitled thereto all costs incidental to its removal and storage and locating the owner. If the owner fails or refuses to pay the cost or if his identity or whereabouts is unknown and unascertainable after a diligent search has been made, and after notice to him at his last known address and to the holder of any lien of record with the office of the state department of motor vehicles against the motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer or semitrailer, the vehicle shall be treated as an abandoned vehicle under the provisions of Code of Virginia, title 46.2, chapter 12, article 1 (Code of Virginia, § 46.2-1200 et seq.).

(Code 1971, § 9-36; Code 1992, § 8-53)

State Law reference— Immobilized and unattended vehicles, Code of Virginia, § 46.2-1209 et seq.

(Code 1971, § 9-36; Code 1992, § 8-53)

State law reference

Immobilized and unattended vehicles, Code of Virginia, § 46.2-1209 et seq.