[HISTORY: Adopted by the Mayor and Council
of the Town of Middletown 2-2-2004.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded
former Ch. 163, Vehicles, Abandoned, adopted 11-7-1994 by Ord. No.
D-13.
The purpose of this chapter is to eliminate
abandoned vehicles which tend to impede traffic in the streets or
interfere with the enjoyment of, and reduce the value of, private
property, to invite plundering, to create fire hazards and other safety
and health hazards to children as well as to adults, to interfere
with the comfort and well-being of the public and to create, extend
and aggravate urban blight.
Any vehicle that is either inoperable, dismantled,
wrecked or which displays expired registration plates which are at
least 30 days expired, or which displays no registration plates, or
from which major components have been removed, is in such a state
of disrepair as to be incapable of being operated in the manner for
which it is designed and is situated on private property appearing
to have been abandoned; or which is inoperable, dismantled, wrecked
or which displays expired registration plates which are at least 30
days expired, or which displays no registration plates, or from which
the major components have been removed and which shall have been placed
upon any public highway or private property within the Town of Middletown
for a period in excess of 24 hours without being removed shall be
considered to be abandoned for the purpose of this chapter, except
that vehicles and equipment used or to be used in the construction,
operation or maintenance of public utility facilities and which are
left in a manner which does not interfere with the normal movement
of traffic shall not be considered abandoned vehicles for the purposes
of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
The Town of Middletown's authorized police authority: Middletown
Police Department.
[Amended 6-6-2016 by Ord.
No. 16-05-01]
Every device in, upon or by which any person or property
is or may be transported or drawn upon a public highway, excepting
devices moved by human power or used exclusively upon stationary rails
or tracks and excepting electric trackless trolley coaches and excepting
off-highway vehicles (OHVs).
[Amended 6-6-2016 by Ord.
No. 16-05-01]
The police/code enforcement officer/public safety
aid shall enforce this chapter with respect to public highways, streets
and private property within the Town of Middletown.
[Amended 12-7-2009]
A.
Posting
of notice on vehicle on public streets. Upon the discovery of a vehicle
on any public highway or street within the Town of Middletown concerning
which vehicle there are reasonable grounds to believe to be an abandoned
vehicle, the police shall post a notice at some conspicuous place
on the vehicle, which shall direct that such vehicle be removed by
a stated time and date (such time and date to be not less than 24
hours following the posting of such notice). If the vehicle is not
removed within the time period designated by such notice, the police
shall remove the abandoned vehicle.
B.
Posting
of notice on vehicle on private property.
(1)
When
towing inoperable, unregistered, or abandoned vehicles from private
property, in any zoning district, the Town of Middletown code officials
will have joint authority with the Town of Middletown Police Department
to provide notice provisions for towing inoperable, unregistered or
abandoned vehicles from private property. This subsection shall apply
to any vehicle that is either inoperable, dismantled, wrecked, or
which displays expired registration plates which are at least 30 days'
expired, or which displays no registration plates, or from which major
components have been removed, or is in such a state of disrepair as
to be incapable of being operated in the manner for which it is designed
and is situated on private property appearing to have been abandoned.
(2)
If
an abandoned vehicle is on private property with the consent of the
owner or occupant thereof, or if an abandoned vehicle is owned by
the owner or occupant of the private property where the vehicle is
located, the Town of Middletown code officials and/or the Town of
Middletown police officers may enter upon the property where such
vehicle is located to ascertain its ownership. The Town of Middletown
code official and/or the Town of Middletown police officer shall notify
the owner of the inoperable, unregistered or abandoned vehicle by
certified mail sent to the owner's last known address to remove such
vehicle within seven days from the date of the mailing. If the vehicle
is not removed within seven days, or if the owner cannot be located
for the purpose of sending the written notice, then the Town of Middletown
code official and/or the Town of Middletown police officer 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 a (minimum)
of 72 hours from the time of the affixing of the sticker, the vehicle
will be towed.
(3)
The
notice required shall state that if such vehicle is not so removed,
it will be removed and stored at a storage area designated by the
Town of Middletown Police Department at the owner's expense, and thereafter
will be subject to disposal in accordance with law. Such notice shall
also set forth verbatim the language in 21 Del. C. § 4414.
In the event that a vehicle is abandoned on private property without the consent of the owner or occupant thereof, at the complaint of the property owner or occupant, the police shall take the appropriate steps to ensure the vehicle in question has not been reported stolen or otherwise involved in criminal activity, and will make every reasonable effort to contact the registered owner of the vehicle, except that the posting required in § 163-5 may be omitted. Responsibility for removal of the vehicle in question resides with the property owner/manager.
A.
If an abandoned vehicle is on private property with
the consent of the owner or occupant thereof, or if the owner or occupant
of the private property owns an abandoned vehicle where the vehicle
is located, the police and/or code enforcement officer may enter upon
the property where such vehicle is located to post said vehicle.
B.
If the vehicle is not removed within seven days, the
police may enter upon the property where the vehicle is located and
the vehicle shall be removed.
No law enforcement officer or agent or employee
of the Town of Middletown acting under this chapter and no one who
tows or stores a vehicle as a result of his being directed to do so
shall be liable to criminal prosecution arising from such action or
be liable to any person for the injury, loss or destruction of any
real or personal property which occurs in the course of the removal
or storage of any vehicle taken into custody under this chapter.
Anyone maintaining an inventory of antique cars
or parts thereof shall not be subject to this chapter, provided that
the antique cars or parts thereof are housed in a building consisting
of four sides and a roof and are not visible from the highway or road
from any location.
[Amended 12-3-2007]
Any person who willfully abandons a vehicle within the right-of-way of any highway or street of this Town or upon the property of another without his consent and any person who, being the owner of an abandoned vehicle, willfully fails to remove it pursuant to the directive given under § 163-5 of this chapter shall be fined not less than $50 for each day the vehicle is not removed after due notice is given.
