HB 352 — AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ENFORCEMENT AND REMOVAL OF ABANDONED VEHICLES.

Rep.

Cooke & Sen.

Poore Reps.

K.

Johnson, Osienski, Harris;

PooreWilson DELAWAREHOUSE STATEOF SENATEREPRESENTATIVES 152nd GENERAL ASSEMBLY SENATEHOUSE AMENDMENTBILL NO.

1352 AN ACT TO HOUSEAMEND BILLTITLE NO.21 OF THE DELAWARE CODE RELATING TO ENFORCEMENT AND REMOVAL OF ABANDONED VEHICLES.

352BE AMENDIT HouseENACTED BillBY No.THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

352Section on1. line 8 by inserting “and municipal police” after “in each county”.

FURTHERAmend AMEND§ House4402, BillTitle No.21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

352§ by4402. adding the following after line 10:

“(d)Enforcement; If an abandoned vehicle is on private property with the consent of the owner or occupant thereof, of if an abandoned vehicle is owned by the owner or occupant of the private property where the vehicle is located, representatives of the Department, or State Police, a county code enforcement constable, or a municipal police officer may enter upon the property where such vehicle is located to ascertain its ownership.

Theremoval Department, county, or municipality shall notify the owner of the abandoned vehiclevehicles; by certified mail sent to the owner’s last known address to remove such vehicle within 7 days from the date of the mailing.

Iftransfer thethereof. vehicle is not removed within 7 days or if the owner cannot be located for the purpose of sending the written notice, then representatives of the Department, or State Police, county code enforcement, or municipal police may enter upon the property where the vehicle is located and conspicuously affix thereto a sticker or tag showing the time and date of its affixing, advising the owner that if the vehicle is not removed within 24 hours from the time of the affixing of the sticker, the vehicle shall be removed to a storage area designated by the Department Department, or the State Police.

Police,(a) aThis countychapter codeshall enforcementbe agency,enforced with respect to state or public highways or property within a municipalmunicipality which maintains a police department.force by that police force.

ThisIn subsectionall shallother notinstances, applythe toState automobilePolice graveyardsor asthe definedDepartment in § 1202(b)(2) of TitleSafety 17 nor to any vehicle on private property which is not visible from the street or road and isHomeland notSecurity otherwise(hereinafter a“Department”) nuisanceshall orenforce athis healthchapter, orexcept firethat, hazard.”in SYNOPSISNew ThisCastle amendmentCounty, addsthe municipalNew policeCastle toCounty SectionPolice 4402(a)shall ofhave Title 21 thereby granting them concurrent authority to enforce Sectionsthis 4402(d)chapter. and (e) related to abandoned vehicles.

ThisNew amendmentCastle alsoCounty addsCode countyEnforcement Constables County code enforcement constables andin municipaleach policecounty officersshall tohave Sectionconcurrent 4402(d) related to the authority to ascertainenforce the ownershipnotice provisions of abandonedsubsections vehicles,(d) and authorizes(e) counties and municipalities to provide required notices to owners of abandonedthis vehicles.section.

Author:The Department of Transportation shall have a limited role in causing vehicles to be removed from state or public highways, as stated herein.

SenatorSYNOPSIS PooreThis SDAct :gives county code enforcement constables the authority to tow abandoned vehicles on private property.

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