ENGROSSED
Senate Bill No. 580
(By Senator Wooton)
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[Originating in the Committee on the Judiciary;
reported March 31, 1993.]
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A BILL to amend and reenact sections three, four, five and seven,
article twenty-four, chapter seventeen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to the disposal of abandoned motor vehicles,
household appliances, machinery and personal property.
Be it enacted by the Legislature of West Virginia:
That sections three, four, five and seven, article twenty-
four, chapter seventeen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended and
reenacted to read as follows:
ARTICLE 24. DISPOSAL OF ABANDONED MOTOR VEHICLES, OLD VEHICLE
TIRES, ABANDONED OR INOPERATIVE HOUSEHOLD APPLIANCES,
MACHINERY OR PERSONAL PROPERTY.
17-24-3. Abandonment of motor vehicle prohibited; penalty.
(a) No person shall, within this state, abandon a motor
vehicle upon the right-of-way of any public highway or upon any
other public or private property, open to public view except ata licensed salvage yard or at the business establishment of a
demolisher.
(b) Any person who violates any provision of subsection (a)
of this section is guilty of a misdemeanor, and, upon conviction
thereof, shall be fined not less than one hundred dollars nor
more than one thousand dollars or imprisoned in the county jail
not more than six months, or both fined and imprisoned.
§17-24-4. Junked motor vehicles prohibited in certain places;
penalty.
No person shall, within this state, place, store, abandon or
discard any junked motor vehicle upon the right-of-way of any
public highway or upon any other public or private property, open
to public view except at a licensed salvage yard or at the
business establishment of a demolisher. Any person who violates
any provision of this section is guilty of a misdemeanor, and,
upon conviction thereof, shall be fined not less than one hundred
dollars nor more than one thousand dollars or imprisoned in the
county jail for not more than six months, or both fined and
imprisoned.
§17-24-5. Old vehicle tires, inoperative or abandoned household
appliances, machinery or personal property in certain places
prohibited; penalty.
No person shall, within this state, place, store, abandon or
discard any old vehicle tire, inoperative or abandoned household
appliance or any other disfunctional machinery or personal
property upon the right-of-way of any public highway or upon any
other public or private property open to public view except at alicensed salvage yard or at the business establishment of a
demolisher. Any person who violates any provision of this
section is guilty of a misdemeanor, and, upon conviction thereof,
shall be fined not less than one hundred dollars nor more than
one thousand dollars or imprisoned in the county jail for not
more than six months, or both fined and imprisoned.
§17-24-7. Authority to take possession of abandoned motor
vehicles, junked motor vehicles, old vehicle tires,
inoperative or abandoned household appliances, machinery or
personal property.
Any enforcement agency which has knowledge of any abandoned
or junked motor vehicle, old vehicle tire, inoperative or
abandoned household appliance, machinery or personal property on
either public or private property shall take the same into its
custody and possession within thirty days. For that purpose, the
enforcement agency may employ its own personnel, equipment and
facilities or hire persons, equipment and facilities for the
purpose of removing, preserving and storing such abandoned or
junked items:
Provided, That before taking any abandoned or
junked motor vehicle into custody and possession from private
property, the enforcement agency shall give the private property
owner and the owner of said motor vehicle, if ascertainable, ten
days' notice by registered or certified mail that such action
will be taken unless the said motor vehicle is restored to a
functional use.