Ordinance to Regulate Junkyards and Junked or Abandoned Motor Vehicles-1995

ORDINANCE # 22
AN
ORDINANCE TO REGULATE
JUNKYARDS AND JUNKED OR ABANDONED
MOTOR VEHICLES
IN
PERQUIMANS COUNTY

TABLE OF CONTENTS
'
ARTICLE I
INTRODUCTION
' SECTION
101
TITLE ................................. ..........1
SECTION
102
. PURPOSE..........................................2
' SECTION
103
DEFINITIONS........::::::.........................3
SECTION
104
:
• JURIDICTION.. .6
'
ARTICLE II
ENFORCEMENT AND REGULATIONS
'
SECTION
201
. ADMINISTRATION....................................6
SECTION
202
. PROHIBITIONS......................................7
'
SECTION
203
: EXCEPTIONS........................................8
SECTION
204
: NEW MOTOR VEHICLE GRAVEYARD
AND JUNKYARD DESIGN STANDARDS.....................8
'
SECTION
205
: STANDARDS FOR EXISTING
JUNKYARDS AND MOTOR VEHICLE GRAVEYARDS
AT THE EFFECTIVE DATE OF THIS ORDINANCE ..........
10
'
SECTION
206 :
REGISTRATION OF NEW MOTOR VEHICLE
GRAVEYARDS OR JUNKYARDS ..........................11
ARTICLE III
'
JUNKED OR ABANDONED MOTOR VEHICLES
' SECTION 301 : REMOVAL OF JUNKED OR ABANDONED
VEHICLES.........................................11
SECTION 302 . ORDER TO REMOVE..................................11
' SECTION 303 . DISPOSAL BY COUNTY...............................12
ARTICLE IV
' PENALTIES, REMEDIES, SEPARABILITY AND EFFECTIVE DATE
'
SECTION
SECTION
401
402
: REMEDIES AND PENALTIES FOR VIOLATIONS ............
. SEPARABILITY.....................................15
13
APPENDIX
........................................................16

1 ,
WHEREAS,the Perquimans County Board of Commissioners declares that
automobile graveyards, junkyards and junked or abandoned vehicles
' in close proximity to public roads and residential areas are
patently offensive to the dignity and aesthetic quality of the
environment in Perquimans County unless at least partially
' obscured from view by appropriate fencing or a combination of
fencing and vegetation; and
' WHEREAS, this Board declares that Automobile Graveyards,Junkyards
and Junked or Abandoned Vehicles in close proximity to public or
' private roads, residential areas and schools pose an inherently
dangerous threat to the health, safety and welfare of the
citizens, residents and school children in close proximity
thereto unless sufficiently enclosed and surrounded by a
' substantial fence or wall, due to the hazard of fire, water
pollution, the possible entrapment of children and others in
areas of confinement such as vehicle trunks and compartments and
' the possibility of injury to persons, especially children,
resulting from said persons coming into contact with metal, glass
or other rigid materials; and
WHEREAS, this Board finds regulator restraint and prohibition of
Y
abandonment of junked motor vehicles and junkyards are necessary
' and desirable to promote or enhance community, neighborhood or
area appearance; public safety and health; and
' WHEREAS, the authority to enact such regulations is granted to
the County of Perquimans pursuant to North Carolina General
Statutes 153A-132 and 153A-132.2.
' NOW, THEREFORE, the Board of Commissioners of Perquimans County,
North Carolina does order and ordain the following:
' ARTICLE I
INTRODUCTION
ISECTION 101 TITLE
' This Ordinance shall be known and may be cited as the
Perquimans County Junkyards and Abandoned Motor Vehicles
Ordinance.

SECTION 102 PURPOSE
The purposes and objectives for which this Ordinance is
passed
include the following:
102.1
To protect the citizens and residents of Perquimans
1
County from inherently dangerous automobile
graveyards and junkyards.
1
102.2
To preserve the dignity and aesthetic quality of the
environment in Perquimans County.
102.3
To preserve the physical integrity of land in close
,
proximity to churches, schools, and residential
areas.
I
102.4
To achieve responsible economic growth in areas of
Perquimans County that is compatible with growth and
development in nearby areas.
1
102.5
To protect Perquimans County's water quality and
environment.
'
SECTION 103
DEFINITIONS
1
For the o
purpose f this ordinance, certain words or terms
used herein
shall be defined as follows:
103.1
Abandoned Motor Vehicle - is one that:
1
(a) Is left on public grounds or county -owned
property in violation of a law or ordinance
1
prohibiting parking; or
(b) Is left for longer than 24 hours on property
1
owned or operated by the County; or
(c) Is left for longer than two hours on private
property without the consent of the owner,
occupant, or lessee of the property; or
1
(d) Is left for longer than seven days on public
grounds
i
103.2
Automobile Graveyard -any establishment or place of
business which is maintained, used, or operated
for storing, keeping, buying or selling wrecked,
'
scrapped, ruined or dismantled motor vehicles or
for motor vehicle parts.Any establishment or place
1
2
1

' of business upon which six (6) or more unlicensed,
used motor vehicles which cannot be operated under
' their own power are kept or stored for a period of
fifteen (15) days or more.
103.3 Body Shop - see term garage.
103.4 Church or Synagogue -tax exempt building used for
nonprofit purposes by a recognized and legally
' established sect for the purpose of worship,
including educational buildings when operated by
such church or synagogue.
'
103.5 Farm- singularly or jointly owned land parcel or
contiguous parcels on which agricultural
operations are conducted as the substantial use.
'
Agricultural operations include but are not
limited to cultivation of crops, the husbandry of
livestock, and forestry.
103.6 Garage -any establishment which is maintained and
operated for the primary purpose of making
mechanical and/or body repairs to motor vehicles,
'
which is not used to store more than five (5)
motor vehicles that are not capable of being
driven under their own power and are not being
restored to operable condition, regardless of the
length of time that individual motor vehicles are
stored or kept at such property. This term
includes the terms "Body Shop" and "Service
'
Station".
'
103.7 Health or Safety Nuisance -a motor vehicle may be
declared a health or safety nuisance when it is
found to be:
(a) a breeding ground or harbor for mosquitoes
or other insects, snakes, rats, or other
'
pests; or
(b) a point of heavy growth of weeds or other
noxious vegetation over eight (8) inches in
'
height; or
(c) a point of concentration of gasoline, oil,or
other flammable or explosive materials; or
(d) so located that there is a danger of the
vehicle falling or turning over; or
(e) a source of danger for children through
entrapment in areas of confinement that
- 3 -

cannot be opened from the inside or from
exposed surfaces of metal, glass, or other
rigid materials.
103.8 Junk - old or scrap copper, brass, rope, rags,
batteries, paper, plastic, trash, rubber or
junked, dismantled or wrecked motor vehicles,
or parts thereof, iron, steel, and other old
scrap ferrous or non-ferrous materials,
appliances and in -operable boats.
103.9 Junked Motor Vehicle - a vehicle that does not
display a current license plate and that:
(a) is partially dismantled or wrecked; or
(b) cannot be self-propelled or moved in the
manner in which it originally was intended
to move; or
(c) is more than five years old and appears to
be worth less than one hundred dollars
($100.00).
103.10 Junkyard - any establishment or place of business
which is maintained, operated, or used -for
storing, keeping, building, or selling junk,or
for maintenance or operation of a motor vehicle
graveyard. An establishment or place of business
which stores or keeps for a period of 15 days or
more material within ••the meaning of "junk" so
defined in Subsection 103.8 which has been derived
or created as a result of industrial- activity
shall be considered to be a junkyard within the
meaning of this ordinance.
103.11 Junkyard Control Act - North Carolina General
Statutes 136-141 through 155 (Article 12) which
delegate to the North Carolina Department of
Transportation the responsibility to regulate
"junkyards" and "automobile graveyards' located
on interstate and federal aid primary system
highways.
103.12 Motor Vehicle - Any machine designed or intended.
to travel over land, sea or air by self -propulsion
or while attached to any self-propelled vehicle,ie.
trailer,travel trailer.
- 4 -

103.13 Private Road - a dedicated right-of-way or an in-
gress and egress easement intended for the public
use, with a width of forty-five(45) feet, or more
containing a roadway which provides or is used by
' the general public but is not maintained by N.C.
Department of Transportation or any municipality
in Perquimans County.
'
103.14 Public Road - any road
or highway
which is
designated and maintained
by the North
Carolina
Department of Transportation
as part of
the State
Highway System, whether
primary or
secondary,
paved or unpaved.
'
103.15 Residence - a home,
manufactured
home, an
apartment, a group of
homes, or single
room
'
occupied or intended for occupancy
living quarters for one or
as a
more persons.
separate
' 103.16 School -any public or private institution for the
teaching of children under eighteen years of age
which is recognized and approved by the North
Carolina Board of Education or other appropriate
licensing board.
103.17 Service Station any establishment which is
maintained and operated for the primary purpose
of making retail sales of fuels, lubricants, air,
water and other items for the operation and
'
routine maintenance of motor vehicles, and/or for
making mechanical repairs, servicing and/or
washing of motor vehicles and which is not used
to store more than five (5) motor vehicles that
are not capable of being driven under their own
power and are not being restored to operable
'
conditions, regardless of the length of time that
individual motor vehicles are restored,or kept at
such property.
103.18 Unzoned area - an area or portion of Perquimans
County where no zoning regulations are in effect
by the County or any municipality.
'
103.19 Vectors - any organism that carries disease -
causing micro-organisms from one host to another
(e.g. rats, mosquitoes, etc.).

103.20 Visible -capable of being seen without visual aid
by a person of normal visual acuity.
SECTION 104 JURISDICTION
The regulations contained herein as provided in N.C.G.S.
153A-121 shall govern all territory within Perquimans County,
North Carolina, outside of the incorporated juridiction of any
municipality. A municipality may authorize the provisions of
this ordinance to be applicable to the territory within the
municipality by the adoption of a resolution by the governing
body.
ARTICLE II
ENFORCEMENT AND REGULATION
SECTION 201 ADMINISTRATION
The Perquimans County Building Inspector and his assistants
will be the primary investigating officers under this ordinance.
The Perquimans County Sheriff's Department, PPCC District Health
Department and the Perquimans County Planning Board shall be
responsible for the administration and enforcement of this
ordinance. The Sheriff's Department shall be responsible for
administering the removal and disposition of vehicles determined
to be abandoned on any public or private road within the County
and on property owned by the County. The Perquimans County
Planning Board shall be responsible for administering all other
provisions of this ordinance.
Any appropriate county investigating officer having probable
cause to suspect a violation of this ordinance may, upon
presentation of proper credentials, enter onto any premises
within the County's jurisdiction at any reasonable hour in
order to determine if any motor vehicle is in violation of
this ordinance.
The County may, on an annual basis, contract with private
tow truck operators or towing businesses to remove, store, and
dispose of abandoned vehicles and junked motor vehicles in
compliance with this ordinance and applicable state laws.
Nothing in this ordinance shall be construed to limit the
legal authority or power of officers of the Sheriff's Department
or any other County Department in enforcing other laws or
otherwise carrying out their duties.

ISECTION 202 PROHIBITIONS
' 202.1 It shall be unlawful after the effective date of
this ordinance for any person, firm, corporation
or other entity, to begin operation in any
unincorporated area of Perquimans County a
junkyard or automobile graveyard within three
hundred (300) feet of any center line of any
' public or private road, or one thousand (1,000)
feet of a school, church or home. (This prohibi-
tion shall not apply to the residence or home of
' the owner of the junkyard or automobile graveyard).
' 202.2 After the effective date of this ordinance, the
operation of any. pre-existing junkyard or
automobile graveyard in any unincorporated area
' of Perquimans County shall be unlawful except as
provided in Section 203 and 204 of this ordinance.
' 202.3 After the effective date of this ordinance, a
junked motor vehicle shall be permitted only in
registered motor vehicle graveyards or junkyards
as provided in Sections 205 and 206, or placed
within an enclosed building; except (5) or less
junked motor vehicles may be permitted outside a
' motor vehicle graveyard or junkyard or,enclosed
building provided that it meets paragraphs (a) or
(b):
(a) Ten (10) Acres Or More Lot Requirements:
(1) The lot or parcel that the junked motor
' vehicle is located on is ten (10) acres
or more in land area; and,
' (2) The Junked Motor Vehicle is placed with
a minimum setback of three hundred (300)
feet from any adjoining property line or
six hundred (600) feet. from any
' public road right-of-way; and,
.(3) The junked motor vehicle is not a health
' or safety nuisance as defined in Section
103.7.

'
b Two
( ) o (2) Acres, But Than Ten (10) Acres
Lot Requirements:
,
(1) The lot or parcel that the junked motor
vehicle is located on is two (2) acres
or more but less than ten (10) acres in
land area; and,
,
(2) The junked motor vehicle is placed -with
a minimum setback of three hundred (300)
'
feet from any adjoining property line or
six hundred (600) feet from any public
or private right-of-way; and,
(3) The junked motor vehicle is placed
within a secure fencing with screening
by use of natural plantings or six (6)
foot opaque fence with evergreen trees
planted on the outbound side of the
fence; and,
'
(4) The junked motor vehicle is not a health
'
or safety nuisance as defined in Section
103.7.
'
SECTION 203
EXCEPTIONS
'.
203.1
This ordinance shall not apply to bona fide
service stations, body shops and garages- as
defined by this ordinance.
,
203.2
This ordinance shall in no way regulate,restrict,
prohibit,or otherwise deter any bona fide farm as
defined by this ordinance and its related uses.
'
Equipment, devices, appliances and other materials
normally not used to plant, cultivate, harvest or
transport crops, produce or seed to and/or from
,
the farm are not considered to be exempt under
this Section or Ordinance.
203.3
Any expansion- to a pre-existing motor vehicle
graveyard or junkyard area shall be considered a
new establishment, and as such, the expanded part
shall conform to the requirements of Section 202.
,
SECTION 204 NEW MOTOR VEHICLE GRAVEYARD OR JUNKYARD DESIGN STANDARDS '
All new junkyard and/or automobile graveyards established in
accordance with Section 202 and all pre-existing motor vehicle '

' graveyards and junkyards shall be operated and maintained subject
to conformance with the following criteria.
1
204.1 The conditions to support the presence of vectors
' as determined by the PPCC District Health
Department shall be eliminated. The Health
Department may inspect each junkyard and motor
vehicle graveyard to determine compliance with
this ordinance and to determine that no vectors
are present. Should vectors be identified, the
owner/operator/maintainer shall submit
satisfactory evidence to the Health Department
that vectors have been eliminated.
204.2 The junkyard or motor vehicle graveyard shall be
entirely surrounded by an opaque fence at least
six (6) feet in height with limited planting of
vegetation as provided in this subsection or by a
woven wire (14 gauge minimum) or chain link fence
a minimum of four Wfeet in height with planting
1 of evergreen vegetation as provided in this sub-
section. Said fence shall surround the minimum
area necessary for the junkyard or motor vehicle
graveyard to be maintained at its present size and
that will also allow for a reasonable amount of
maneuverability within.
Vegetation shall be planted on either side of the
four (4) feet minimum height fence or on the out-
bound side of the fence; contiguous to, and not
' more than five (5) feet from the fence.
The vegetation shall be of the type that can reach
a minimum height of six (6) feet within five (5)
years from the date planted and shall be planted
at intervals evenly spaced and in close proximity
to each other so that a continuous,unbroken hedge
of at least six (6) feet in height shall exist
' along the length of the fence surrounding the
junkyard or motor vehicle graveyard. The hedgerow
shall be maintained as a contiguous, unbroken
hedgerow for the period the property is used as
' junkyard and/or motor vehicle graveyard.
If a six (6) foot opaque fence is installed, then
evergreen trees shall be planted on the outbound
side of the fence on any side of the junkyard or
motor vehicle graveyard that is visible from any
public or private road. All such trees shall be
contiguous to,and not more than five (5)feet from
the fence. The trees shall have a minimum height
of four (4) feet when planted and shall be plant-

ed at evenly spaced intervals of every ten (10)
feet.
Each owner, operator or maintainer of a junkyard or motor
vehicle graveyard to which this ordinance applies shall utilize
good husbandry techniques, for example, pruning mulching and
proper fertilization, so that the vegetation can reach a height
of six (6) feet within five (5) years of the date planted and
will have a maximum density and foliage. Dead or diseased
vegetation shall be replaced at the next appropriate planting
time.
The County Planning Board shall be available to assist the
owner, operator or maintainer of a junkyard or motor vehicle
graveyard, in the formation of plans for said fencing and/or
vegetation. If surrounding topography renders the screening
useless, the County Planning Board may waive or modify the
requirement for screening to meet the topographical needs of the
surrounding area, but as a minimum requirement, a wire fence as
described above shall be required with limited vegetation as
provided above for an opaque fence visible from a public or
private road where applicable to the site. The fence shall be
maintained in good order and shall not be allowed to deteriorate.
204.3 All operations, equipment, junk and/or inoperable
motor vehicles shall be kept within the confines
of said fence at all times unless in.motion by
transportation to and from the site.
SECTION 205 STANDARDS FOR EXISTING JUNKYARDS AND MOTOR VEHICLE
GRAVEYARDS AT THE EFFECTIVE DATE OF THIS ORDINANCE
205.1 All owners, operators, or maintainers of motor
vehicles graveyards and junkyards existing at the
effective date of this ordinance shall register
the same with the Perquimans County Planning Board
within a period of ninety (90)days beginning with
the effective date of this ordinance. All exist-
ing motor vehicle graveyards or junkyards that
have not been registered within ninety (90) days
days shall be in violation of the provisions of
this ordinance.
205.2 All existing motor vehicle graveyard or junkyards
at the effective date of this ordinance,
registered in accordance with the preceding
=to=

Section, will be exempt from being required to
install and maintain a wire fence. However, veg-
etation will be required as is described in
Section 204.2,,paragraph 2, beginning with line 5
"The vegetation shall...." to the end of that
paragraph.
SECTION 206 REGISTRATION OF NEW MOTOR VEHICLE GRAVEYARDS OR
JUNKYARDS.
Th
e owner, operator, or maintainer of any new motor vehicle
graveyard or junkyard and/or expansion thereof shall be
established in accordance with the provisions of this ordinance..
All new motor vehicle graveyards or junkyards shall be registered
by submittal of a registration application to the Perquimans
' County Planning Board, and shall not begin operation until the
Planning Board issues a Certificate of Compliance that all
applicable provisions of this ordinance have been satisfied..
' Failure to obtain a Certificate of Compliance shall constitute a
violation of this ordinance for any motor vehicle graveyard or
junkyard that has begun operation.
ARTICLE III
' JUNKED OR ABANDONED MOTOR VEHICLES
SECTION 301 REMOVAL OF JUNKED OR ABANDONED VEHICLES
Perquimans County may require the removal of junked or
I abandoned motor vehicles from public grounds or private property
upon a finding that such removal is necessary and desirable to
promote or enhance community, neighborhood,or area appearance or
' to abate public health or safety nuisances. Nothing in this
section shall be construed to authorize the County to require the
removal or disposal of a motor vehicle kept or stored in a bona
fide motor vehicle graveyard, junkyard, body shop, or garage as
defined in Section 103,in compliance with the definition and the
applicable provisions of' this ordinance. In addition, the
ordinance shall not be construed to authorize the County to
' require the removal or disposal of any motor vehicle that is
driven on a regular basis for business or personal use.
Perquimans County shall, whenever possible, provide to the
owners of junked or abandoned motor vehicles which must be
removed, the names of establishments which will remove the
' vehicle(s) at no charge to the owner.

SECTION 302 ORDER TO REMOVE ,
Any order to remove a junked or, abandoned motor vehicle '
shall be in writing, signed by the investigating officer and sent
by first class mail with proper postage affixed to the registered
owner and/or lien holder(s) of said motor vehicle as shown by the ,
records of the N.C. Division of Motor Vehicles. If the
Division of Motor Vehicles has no record of the vehicle's
ownership, then the notice shall be mailed to the owner of the ,
property where said motor vehicle is located according to the
records of the Perquimans County Tax Assessor's Office.
The investigating officer
information in written form from
or the County Assessor's Office.
shall be required within thirty
written order.
shall obtain the ownership
the Division of Motor Vehicles
Removal of the motor vehicle(s)
(30) days of the date of the
If after receiving an order to remove a junked or abandoned
motor vehicle the owner fails to remove such vehicle, the County
may cause the vehicle to be removed to a storage garage or area.
Such removal shall be undertaken in accordance with N.C. General
Statute Article 7A, Chapter 20. (SEE APPENDIX)
SECTION 303 DISPOSAL BY COUNTY
After holding a junked or abandoned motor vehicle for
thirty (30)days after the day the vehicle is removed, Perquimans
County may sell or dispose of it as follows:
303.1 If the vehicle appears to be worth less than one
hundred ($100.00) dollars, the County may dispose
of the vehicle as a junked motor vehicle. With
the written consent of the owner, the County may
remove and dispose of a motor vehicle as a junked
motor vehicle without regard to the value,
condition,or age of the vehicle and without hold-
ing it for any prescribed period of time.
303.2 If the vehicle appears to be worth one hundred
($100.00) dollars or more, it shall be sold at
public auction. The County shall give twenty (20)
days written notice of the sale to the registered
owner at his last known address,to each holder of
a lien against the vehicle, and to the Division
of Motor Vehicles. Any person having an interest
in the vehicle may redeem it at any time before
the sale by paying all costs accrued to date. The
proceeds of the sale shall be paid to the County
Finance Officer, who shall pay to the appropriate
- 12 -

' officers or persons the cost of removal, storage,
investigation, sale, and liens, in that order.
' The remainder of the proceeds of the sale,if any,
shall be paid over to the registered owner, or
held by the County for sixty (60) days if the.
registered owner cannot be located with reasonable
diligence. If the owner does not claim the
remainder of the proceeds within sixty (60) days
of the day of the sale, the funds shall be
deposited in the County's General Fund and the
owner's rights in the vehicle are extinguished.
' 303.3 If a junked motor vehicle does not display a
current license plate and the vehicle
identification number has been removed or defaced
so as to be illegible, Perquimans County may
dispose of it under this ordinance as follows:
(a) The County may destroy the vehicle or sell it
at private sale (without regard to value),
after having held the vehicle for seventy-
two (72) hours.
(b) The County will notify the Division of
Motor Vehicles of all Motor Vehicles
destroyed.
' ARTICLE IV
PENALTIES, REMEDIES, SEPARABLILITY AND EFFECTIVE DATE
SECTION 401 REMEDIES AND PENALTIES FOR VIOLATIONS
If any real property is used in violation of this ordinance,
' the County or any other appropriate authority may take the
necessary remedies to protect adjacent or other property owners
who would be damaged by such violations, and in addition to other
remedies, may institute injunctions, mandamus, or other
appropriate action in proceeding to stop the violation.
The Perquimans County Sheriff's Department shall be
responsible for enforcing the provisions of this ordinance on
privately owned property and for the enforcement of this
ordinance on property owned by the County or within the right-of-
way of any public or private road as defined in Section 103. The
Sheriff's Department shall provide notification to any violator
of any violation under this ordinance and such violator shall be
given thirty (30) days to bring the matter into compliance with
this ordinance.
I
- 13

Any person, firm, corporation, or other entity who.maintains
or operates or who controls the maintenance and/or operation of a
junkyard or automobile graveyard in violation of this ordinance
shall be guilty of a misdemeanor and subject to prosecution, and
if convicted, shall be punished in accordance with the provisions
of North Carolina General Statutes, Section 14-4. Each day
that said automobile graveyard or junkyard shall be maintained
or operated in violation of this ordinance shall constitute a
separate and distinct offense.
In lieu of or in addition to the criminal penalties outlined
above, any person violating this ordinance may be subject to the
remedies outlined in N.C.G.S. 153A-123 including civil penalties,
not to exceed $100.00. No penalty shall be assessed prior to
notice of the violation. For every day a person is in violation
of this ordinance, it may be considered a separate offense.
If the violator does not pay such penalty within thirty (30)
days of notification of this assessment by written citation it
may be recovered by the County in civil action in the nature
of debt. The violator may contest said penalty in the court
of appropriate jurisdiction.
- 14 -

1
1
1
1
1
1
1
1
1
1
1
1
SECTION 402 SEPARABILITY
Should any section or provision of this ordinance be
declared by the courts to be unconstitutional or invalid, such
declaration shall not affect the validity of the ordinance as a
whole or part thereof other than the part so declared to be
unconstitutional or invalid.
SECTION 403 EFFECTIVE DATE
This Ordinance shall take effect and be enforced as of the
6th day of March , 1995.
Adopted this the 6th day of March
1995 by the Board of Commissioners of Perquimans County, North
Carolina.
ff, a", - - A 9 MW WA 'I W,, 110
Clerk to the Board
- 15 -
Chairman, Perecimans County
Board of Commissioners

' APPENDIX
N.0 GENERAL STATUTE 20-219.11
Notice and Probable Cause Hearing
' A. Whenever a vehicle, with a valid registration. plate or
registration, is towed as provided in G.S. 20-219.10, the
authorizing person(s) shall immediately notify the last
iknown registered owner of the vehicle of the following:
1. A description of the vehicle;.
i2. The place where the vehicle is stored;
' 3. The violation with which the owner is charged, if any;
4. The procedure the owner must follow to have the vehicle
returned to him; and
' 5. The procedure the owner must follow to request a
probable cause hearing on the towing.
If the vehicle has a North Carolina registration plate or
registration, notice shall be given to the owner within 24
hours; if the vehicle is not registered in North Carolina
notice shall be given to the owner within 72 hours. This
notice shall, if feasible, be given by telephone.. Whether
or not the owner is reached by telephone, notice shall be
mailed to his last known address unless he or his agent
waives this notice in writing.
' B. Whenever a vehicle with neither a valid registration.plate
nor registration is towed as provded in G.S 20-219.10, the
authorizing person shall make reasonable efforts, including
' checking the vehicle identification number,to determine the
last known registered owner of the vehcle and to notify him
of the information listed in Subsection (A). Unless the
' owner has otherwise been given notice, it is presumed that
-the authorizing person has not made reasonable efforts, as
required under this Subsection, unless notice that the
' vehicle would be towed was posted on the windshield or some
other conspicuous place at leat seven (7) days before the
towing actually occurred; except, no pretowing notice need
I
- 16 -

be given if the vehicle impeded the flow of traffic or other- '
wise jeopardized the public welfare so that immediate towing
was necessary. '
C. The owner or any other person entitled to claim possession
of the vehicle may request in writing a hearing to determine
if probable cause existed for the towing. The request shall
be filed with the Magistrate. The Magistrate shall set the
"hearing within 72 hours of his receiving the request. The
owner, the person who requested the hearing if someone other '
than the owner, the tower and the person who authorized the
towing shall be notified of the'time and place of the
hearing. ,
D. The owner, the tower, the person who authorized the towing,
and any other interested parties may present evidence at the
hearing. The person authorizing the towing and the tower
may submit an affidavit in lieu of appearing personally,but
the affidavit does not preclude that person from also
testifying.
E. The only issue at this hearing is whether or not probable '
cause existed for the towing. If the magistrate finds that
probable cause did exist, the tower's lien continues. IIf
the magistrate finds that probable cause did not exist, the
tower's lien is extinguished. '
F. Any aggrieved party may appeal the magistrate's decision to
District Court. '
1
- 17 - I