HomeMy Public PortalAbout1980_08_27_O014 TOWN OF LEESBURG
IN
LOUDOUN COUNTY, VIRGINIA
ORDINANCE NO.
80-0-14
PRESENTED Ausust 27~ 1980
ADOPTED September 107 1980
AN ORDINANCE: AMENDING CHAPTER 10 OF THE TOWN CODE.
ORDAINED by the Council of the Town of Leesburg in Virginia as follows:
SECTION I. Chapter 10 of the Town Code is amended by adding a section to
be numbered 10-52, to read as follows:
Sec. 10-52. Enforcement of licensing and registration requirements
on private property.
The police officers or other uniformed employees of the police de-
partment may with the consent of the landowner patrol the landowner's
property to enforce the state or town motor vehicle registration and
licensing requirements.
Police officers may patrol streets and roads within subdivisions
of real property which are maintained by the owners of the lots within
any such subdivision, or any association of such owners, upon the re-
quest or consent of such owners or association of such owners to en-
force the provisions of Chapters 1 through 4 (Sections 46.1-1 through
46.1-347) of Title 46.1 of the 1950 Code of Virginia, as amended, and
to the extent that said chapters have been adopted as a part of this
Code. (Sec. 46.1-6, Code of Va.)
SECTION II. Section 10-164 of the Town Code is amended to read as
follows:
Sec. 10-164. Removal and disposition of unattended vehicles generally.
(a) Whenever any motor vehicle, trailer or semi-trailer is found
on the public streets or public grounds unattended by the owner or
operator and constitutes a hazard to traffic or is parked in such
manner as to be in violation of law or whenever any motor vehicle, trailer
or semi-trailer is left unattended for more than ten days upon any pri-
vately owned property other than the property of the owner of such motor
vehicle, trailer or semi-trailer, within the municipality, or is
abandoned upon such privately owned property, without the permission
of the owner, lessee or occupant thereof, any such motor vehicle, trailer
or semi-trailer may be removed for safekeeping by or under the direction
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of a police officer to a storage garage or area; provided, however,
that no such vehicle shall be so removed from privately owned premises
without the written request of the owner, lessee or occupant thereof.
The person at whose request such motor vehicle, trailer or semi-trailer
is removed from privately owned property shall indemnify the municipality
against any loss or expense incurred by reason of removal, storage or
sale thereof. It shall be presumed that such motor vehicle, trailer or
semi-trailer, or part thereof, is abandoned if it lacks either a current
license plate, or a current county, city or town, plate or sticker, or
a valid state inspection certificate or sticker and it has been in a
specific location for ten days without being moved. Each removal shall
be reported immediately to the p~lice department, and notice thereof
shall be given to the owner of the motor vehicle, trailer or semi-trailer
as promptly as possible.
(b) The owner of such vehicle or trailer or semi-trailer, before
obtaining possession thereof, shall pay to the town all reasonable costs
incidental to the removal, storage and locating the owner of such motor
vehicle, trailer or semi-trailer. Should such owner fail or refuse to
pay the cost or should the identity or whereabouts of such owner be un-
known or 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 in the office of the division of motor vehicles of this state
against the motor vehicle, trailer or semi-trailer, the chief of police
may, after holding the motor vehicle, trailer or semi-trailer 40 days
and after due notice of sale, dispose of the same at public sale and
the proceeds from the sale shall be forwarded by the chief of police to
the town director of finance; provided, that if the value of such motor
vehicle, trailer or semi-trailer be determined by three disinterested
dealers or garagemen to be less than $150.00 which would be incurred
by such advertising and public sale it may be disposed of by private
sale or junked. The town director of finance shall pay from the pro-
ceeds of sale the cost of removal, storage, investigation as to owner-
ship and liens and notice of sale, and the balance of such funds shall
be held by him for the owner and paid to the owner upon satisfactory
proof of ownership.
(b) If no claim has been made by the owner for the proceeds of
such sale, after the payment of the above-mentioned costs, the funds
may be deposited to the general fund or any special fund of the town.
Any such owner shall be entitled to apply to the town within three
years from the date of such sale and if timely application is made
therefor, the town shall pay the same to the owner without interest
or other charges. No claim shall be made nor shall any suit, action
or proceedings be instituted for the recovery of such funds after
three years from the date of such sale. (Sec. 46.1-3, Code of Va.)
SECTION III. This ordinance shall be in effect upon its passage.
PASSED this 10th day of September
1980.
Attest:
Clerk of C~cil
Mayor
Town of Leesburg