CHAPTER 297

An Act to amend and reenact § 46.1-8, as amended, of the Code of
Virginia, relating to vehicles left unattended on public streets and
grounds and on private property under certain circumstances.

[H 519}
Approved March 31, 1966

Be it enacted by the General Assembly of Virginia:
1. That § 46.1-3, as amended, of the Code of Virginia, be amended
reenacted as follows:

§ 46.1-3. The governing body of any county, city or town is author-
ized to provide by ordinance that whenever any motor vehicle, trailer or
semitrailer is found on the public streets or public grounds unattended by
the owner or operator and constitutes a hazard to traffic or is parked in
such manner as to be in violation of law or whenever any motor vehicle,
trailer or semitrailer is left unattended for more than ten days upon any
privately owned property other than the property of the owner of such
motor vehicle, trailer or semitrailer, within any such county, city or town,
or is abandoned upon such privately owned property, without the permis-
sion of the owner, lessee or occupant thereof, any such motor vehicle,
trailer or semitrailer may be removed for safekeeping by or under the
direction of a police officer to a storage garage or area, provided, however,
that no such vehicle shall be so removed from privately owned premises
without the written request of the owner, lessee, or occupant thereof. Any
such ordinance may also provide that the person at whose request such
motor vehicle, trailer or semitrailer is removed from privately owned
property shall indemnify such county, city or town against any loss or
expense incurred by reason of removal, storage or sale thereof. Each
removal shall be reported immediately to a central office to be designated
in the ordinance, and notice thereof given to the owner of the motor
vehicle, trailer or semitrailer as promptly as possible. The owner of such
vehicle or trailer or semitrailer, before obtaining possession thereof, shall
pay to the county, city or town all reasonable costs incidental to the
removal, storage and locating the owner of the motor vehicle, trailer or
semitrailer. Should such owner fail or refuse to pay the cost or should the
identity or whereabouts of such owner be 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 in the office of the
Division of Motor Vehicles in Virginia against the motor vehicle, trailer
or semitrailer, the officer designated by the governing body of the county,
city or town may, after holding the motor vehicle, trailer or semitrailer *
stzty days and after due notice of sale dispose of the same at public sale
and the proceeds from the sale shall be forwarded by the selling officer to
the treasurer or similar officer of the county, city or town, provided, that if
the value of such motor vehicle, trailer, or semitrailer be determined by
three disinterested dealers or garagemen to be less than fifty dollars which
would be incurred by such advertising and public sale it may be disposed
of by private sale or junked. The treasurer or similar officer shall pay
from the proceeds of sale the cost of removal, storage, investigation as
to ownership and liens and notice of sale, and the balance of such funds
shall be held by him for the owner and paid to the owner upon satisfac-
tory proof of ownership.

If no claim has been made by the owner for the proceeds of such sale,
after the payment of the above-mentioned cost of fifty dollars, the funds
may be deposited to the general fund or any special fund of such county,
city or town. Any such owner shall be entitled to apply to the county, city
or town within three years from the date of such sale and if timely appli-
cation is made therefor, the said county, city or town shall pay the same
to the owner without interest or other charges. No claim shall be made nor
shall any suit, action or proceeding be instituted for the recovery of such
funds after three years from the date of such sale.