GENERAL ASSEMBLY OF NORTH CAROLINA

1983 SESSION

 

 

CHAPTER 841

HOUSE BILL 1465

 

AN ACT TO AUTHORIZE CERTAIN COUNTIES AND CITIES TO REGULATE ABANDONED, JUNKED VEHICLES FOR AESTHETIC PURPOSES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  (a) Dare, Stokes, Alleghany, Carteret and Columbus Counties may by ordinance regulate, restrain or prohibit the abandonment of junked motor vehicles on public grounds and on private property within the county's ordinance-making jurisdiction upon a finding that such regulation, restraint or prohibition is necessary and desirable to promote or enhance community, neighborhood or area appearance.  The authority granted by this section shall be supplemental to any other authority conferred upon counties.  Nothing in this section shall be construed to authorize a county to require the removal or disposal of a motor vehicle kept or stored at a bona fide "automobile graveyard" or "junkyard" as defined in G.S. 136-143.

For purposes of this section, the term "junked motor vehicle" means a vehicle that does not display a current license plate and that:

(1)       Is partially dismantled or wrecked; or

(2)       Cannot be self-propelled or moved in the manner in which it originally was intended to move; or

(3)       Is more than five years old and appears to be worth less than one hundred dollars ($100.00).

(b)       Any ordinance adopted pursuant to this section shall include a prohibition against removing or disposing of any motor vehicle that is used on a regular basis for business or personal use.

Sec. 2.  (a) A municipality in Dare, Stokes, Alleghany, Carteret or Columbus County may by ordinance regulate, restrain or prohibit the abandonment of junked motor vehicles on public grounds and on private property within the municipality's ordinance-making jurisdiction upon a finding that such regulation, restraint or prohibition is necessary and desirable to promote or enhance community, neighborhood or area appearance. The authority granted by this section shall be supplemental to any other authority conferred upon municipalities.  Nothing in this section shall be construed to authorize a municipality to require the removal or disposal of a motor vehicle kept or stored at a bona fide "automobile graveyard" or "junkyard" as defined in G.S. 136-143.

For purposes of this section, the term "junked motor vehicle" means a vehicle that does not display a current license plate and that:

(1)       Is partially dismantled or wrecked; or

(2)       Cannot be self-propelled or moved in the manner in which it originally was intended to move; or

(3)       Is more than five years old and appears to be worth less than one hundred dollars ($100.00).

(b)       Any ordinance adopted pursuant to this section shall include a prohibition against removing or disposing of any motor vehicle that is used on a regular basis for business or personal use.

Sec. 3.  This act shall become effective October 1, 1983.

In the General Assembly read three times and ratified, this the 20th day of July, 1983.