Sec. 18-19.2. Removal and disposition of certain unattended
or abandoned vehicles; sale; disposition of
proceeds; contracts for removal of vehicles.[162]
(a) Definitions. For the purposes of this section, the following
words and phrases shall have the meanings respectively
ascribed to them by this subsection:
(1) Abandoned Motor Vehicle. A motor vehicle,
trailer or semitrailer or part thereof that:
a. is inoperable and is left unattended on public property
for more than seventy-two hours, or
b. has remained illegally on public property for a period
of more than seventy-two hours, or
c. has remained on private property without the consent
of the owner or person in control of the property for
more than forty-eight hours.
(2) Demolisher. Any person, firm or corporation whose
business is to convert a motor vehicle, trailer or semitrailer
into processed scrap or scrap metal or otherwise to wreck; or
dismantle such vehicles.
(b) City manager authorized to take abandoned vehicles
into custody. The city manager may take into custody any
abandoned motor vehicle. In such connection, the city manager
may employ city personnel, equipment and facilities or
hire persons, equipment and facilities or firms or corporations
who may be independent contractors for the purpose of
removing, preserving and storing abandoned motor vehicles.
(c) Notice to owner of vehicle taken into custody.
(1) When the city manager takes into custody an abandoned
motor vehicle, he shall notify, within fifteen days thereof,
by registered or certified mail, return receipt requested,
the owner of record of the motor vehicle and all persons
having security interests therein of record, that the vehicle
has been taken into custody. The notice shall describe the
year, make, model and serial number of the abandoned motor
vehicle, set forth the location of the facility where the motor
vehicle is being held, inform the owner and any persons having
security interests of their right to reclaim the motor vehicle
within three weeks after the date of the notice, upon
payment of all towing, preservation and storage charges resulting
from placing the vehicle in custody, and state that
the failure of the owner or persons having security interests
to exercise their right to reclaim the vehicle within the time
provided shall be deemed a waiver by the owner, and all persons
having any security interests, of all right, title and interest
in the vehicle, and consent to the sale of the abandoned
motor vehicle at a public auction.
(2) If records of the division contain no address for the
owner or no address of any person shown by such records
to have a security interest, or if the identity and addresses of
Chauffeur. Every person employed for the principal purpose
of operating a motor vehicle and every person who drives
a motor vehicle while in use as a public or common carrier
of persons or property.
Commission. The state corporation commission.
Commissioner. The commissioner of the division of motor
vehicles of this state.
Crosswalk. (a) That part of a roadway at an intersection
included within the connections of the lateral lines of the sidewalks
on opposite sides of the highway measured from the
curbs or, in the absence of curbs, from the edges of the
traversable roadway;
(b) Any portion of a roadway at an intersection or elsewhere
distinctly indicated for pedestrian crossing by lines
or other markings on the surface.
Dealer. Every person engaged in the business of buying,
selling or exchanging motor vehicles, trailers and semitrailers
in this city and who has an established place of business for
such purposes in this city at which place of business the
books and records of such dealer are kept and at which a substantial
part of the business of such dealer is conducted.
Division. The division of motor vehicles of this state.
Essential parts. All integral parts and body parts, the removal,
alteration or substitution of which will tend to conceal
the identity of a vehicle.
Farm tractor. Every motor vehicle designed and used primarily
as a farm, agricultural or horticultural implement for
drawing plows, mowing machines and other farm, agricultural
or horticultural machinery and implements.
Intersection. (a) The area embraced within the prolongation
or connection of the lateral curb lines, or, if none, then
the lateral boundary lines of the roadways of two streets
which join one another at, or approximately at, right angles,
or the area within which vehicles travelling upon different
streets joining at any other angle may come in conflict.
(b) Where a street includes two roadways thirty feet or
more apart, then every crossing of each roadway of such
divided street by an intersecting street shall be regarded as
a separate intersection. In the event such intersecting street
also includes two roadways thirty feet or more apart, then
every crossing of two roadways of such street shall be regarded
as a separate intersection.
Metal tires. All tires the surface of which in contact with
the street is wholly or partially of metal or other hard, nonresilient
material.
Motorcycle. Every motor vehicle designed to travel on not
more than three wheels in contact with the ground and any
four-wheeled vehicle weighing less than five hundred pounds
and equipped with an engine of less than six horsepower,
except any such vehicle as may be included within the term
"farm tractor" as defined in this section.
Motor vehicle. Every vehicle as defined in this section which
is self-propelled or designed for self propulsion.
Nonresident. Every person who is not domiciled in this
state, except:
(a) Any foreign corporation which is authorized to do
business in this state by the state corporation commission
shall be deemed a resident of the state for the purpose of
this chapter; provided, however, that in the case of corporations
incorporated in this state but doing business without
the state, only such principal place of business or branches
located within this state shall be dealt with as residents of
this state.
(b) A person who becomes engaged in a gainful occupation
in this state for a period exceeding sixty days shall be
deemed a resident for the purpose of this chapter.
(c) A person who has actually resided in this state for a
period of six months, whether employed or not, or who has
registered a motor vehicle, listing an address within this state
in the application for registration, shall be deemed a resident
for the purposes of this chapter.
Operator. Every person who drives or is in actual physical
control of a motor vehicle upon a street or who is exercising
control over or steering a vehicle being towed by a motor
vehicle.
Owner. A person who holds the legal title of a vehicle or,
in the event a vehicle is the subject of an agreement for the
conditional sale or lease thereof with the right of purchase
upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the conditional
vendee or lessee or in the event a mortgagor of a
vehicle is entitled to possession, then such confidential vendee
or lessee or mortgagor shall be deemed the owner for the purpose
of this chapter, except that in all such instances when
the rent paid by the lessee includes charges for services of
any nature or when the lease does not provide that title shall
pass to the lessee upon payment of the rent stipulated, the
lessor shall be regarded as the owner of such vehicle and the
vehicle shall be subject to such requirements of this chapter
as are applicable to vehicles operated for compensation; provided,
that a "truck lessor," as defined in Code of Virginia,
1950, section 46.1-1, subsection (36), shall be regarded as the
owner, and his vehicle shall be subject to such requirements
of this chapter as are applicable to vehicles of private carriers.
Peace or police officer. Every officer authorized to direct
or regulate traffic or to make arrests for violations of traffic
regulations.
Person. Every natural person, firm, partnership, association
or corporation.
Pneumatic tires. All tires inflated with compressed air.
Private road or driveway. Every way in private ownership
and used for vehicular travel by the owner or those having
express or implied permission from the owner, but not by
other persons.
Reconstructed vehicle. Every vehicle of a type required to
be registered hereunder materially altered from its original
construction by the removal, addition or substitution of essential
parts new or used.
Residence district. The territory contiguous to a street or
highway, not comprising a business district, where seventy-five
percent or more of the property contiguous to such street
or highway, on either side of the street or highway, for a distance
of three hundred feet or more along the street or highway,
is occupied by dwellings and land improved for dwelling
purposes, or by dwellings, land improved for dwelling purposes
and land or buildings in use for business purposes.
Road tractor. Every motor vehicle designed and used for
drawing other vehicles and not so constructed as to carry any
load thereon independently or any part of the weight of a
vehicle or load so drawn.
Roadway. That portion of a street improved, designed or
ordinarily used for vehicular travel, exclusive of the shoulder.
A street may include two or more roadways if divided
by a physical barrier or barriers or unpaved area.
Safety zone. The area or space officially set apart within
a roadway for the exclusive use of pedestrians and which is
protected or is so marked or indicated by adequate signs as
to be plainly visible at all times while set apart as a safety
zone.
School bus. Any motor vehicle, except a commercial bus,
station wagon, automobile or truck, which is designed and used
primarily for the transportation of pupils to and from public,
private or parochial schools, which is painted yellow with the
words "School Bus, Stop, State Law" in black letters of specified
size on front and rear, and which is equipped with warning
devices prescribed in section 46.1-287 of the Code of Virginia.
Semitrailer. Every vehicle of the trailer type so designed
and used in conjunction with a motor vehicle that some part
of its own weight and that of its own load rests upon or is
carried by another vehicle.
Shoulder. That part of a street between the portion regularly
travelled by vehicular traffic and the lateral curb line
or ditch.
Solid rubber tires. Every tire made of rubber other than
a pneumatic tire.
Specially constructed vehicles. Any vehicle which shall not
have been originally constructed under a distinctive name,
make, model or type by a generally recognized manufacturer
of vehicles and not a reconstructed vehicle as defined in this
section.
Street. The entire width between the boundary lines of
every way or place of whatever nature open to the use of the
public for purposes of vehicular travel in this city, including
the alleys and publicly maintained parking lots in the city.
Superintendent. The superintendent of the department of
state police of this state.
Tractor truck. Every motor vehicle designed and used primarily
for drawing other vehicles and not so constructed as
to carry a load other than a part of the load and weight of
the vehicle attached thereto.
Traffic lane or lane. That portion of a roadway designed or
designated to accommodate the forward movement of a single
line of vehicles.
Trailer. Every vehicle without motive power designed for
carrying property or passengers wholly on its own structure
and for being drawn by a motor vehicle.
Vehicle. Every device in, upon or by which any person or
property is or may be transported or drawn upon a street,
except devices moved by human power or used exclusively
upon stationary rails or tracks. (Code 1959, § 18-1; 6-21-65,
§ 1.)
