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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 46.2-1213 of the Code of Virginia, relating to removal by locality of unattended or immobile vehicles.
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 355 An Act to amend and reenact § 46.2-1213 of the Code of Virginia, relating to removal by locality of unattended or immobile vehicles.
R O [H 2191] L Approved Be it enacted by the General Assembly of Virginia:
[H 2191] Approved March 23, 2023 Be it enacted by the General Assembly of Virginia:
L 1.
1.
E § 46.2-1213.
§ 46.2-1213.
D A.
A.
2.
1.
It is illegally parked;n a public highway or other public property and constitutes a traffic hazard;
It is left unattended on a public highway or other public property and constitutes a traffic hazard;
It is immobilized on a public roadway by weather conditions or other emergency situation.H B.
It is immobilized on a public roadway by weather conditions or other emergency situation.
Removal shall be carried out by or under the direction of a law-enforcement officer or ot2er uniformed employee of the local law-enforcement agency who specifically is authorized to do so 9y the enforcement division.
B.
The ordinance, however, shall not authorize removal of motor vehicles, trailers,de semitrailers, and parts thereof from private property without the written request of the owner, lessee, or occupant of the premises.
Removal shall be carried out by or under the direction of a law-enforcement officer or other uniformed employee of the local law-enforcement agency who specifically is authorized to do so by the chief law-enforcement officer or his designee, or by or under the direction of the locality's civil code enforcement division.
The ordinance, however, shall not authorize removal of motor vehicles, trailers, semitrailers, and parts thereof from private property without the written request of the owner, lessee, or occupant of the premises.
Any such ordinance may also provide that it shall be presumed that plate;
Any such ordinance may also provide that it shall be presumed that such motor vehicle, trailer, semitrailer, or part thereof is abandoned if it (i) lacks either a current license plate;
or a valid state safety inspectionnt license certificate or sticker;
or a valid state safety inspection certificate or sticker;
If the owner fails or search has been made, and after notice to him at his last known address and to the holder of any lien oft record with the office of the Department against the motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, or semitrailer, the vehicle shall be treated as an abandoned vehicle under the provisions of Article 1 (§ 46.2-1200 et seq.).
If the owner fails or refuses to pay the cost or if his identity or whereabouts is unknown and 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 with the office of the Department against the motor vehicle, trailer, semitrailer, or part of a motor vehicle, trailer, or semitrailer, the vehicle shall be treated as an abandoned vehicle under the provisions of Article 1 (§ 46.2-1200 et seq.).
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