ENGROSSED
Senate Bill No. 580
(By Senator Wooton)
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[Originating in the Committee on the Judiciary;
reported March 31, 1993.]
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A BILL to amend and reenact sections three, four, five and seven, article twenty-four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the disposal of abandoned motor vehicles, household appliances, machinery and personal property.

Be it enacted by the Legislature of West Virginia:
That sections three, four, five and seven, article twenty- four, chapter seventeen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 24. DISPOSAL OF ABANDONED MOTOR VEHICLES, OLD VEHICLE TIRES, ABANDONED OR INOPERATIVE HOUSEHOLD APPLIANCES, MACHINERY OR PERSONAL PROPERTY.

17-24-3. Abandonment of motor vehicle prohibited; penalty.

(a) No person shall, within this state, abandon a motor vehicle upon the right-of-way of any public highway or upon any other public or private property, open to public view except ata licensed salvage yard or at the business establishment of a demolisher.
(b) Any person who violates any provision of subsection (a) of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned in the county jail not more than six months, or both fined and imprisoned.

§17-24-4. Junked motor vehicles prohibited in certain places; penalty.

No person shall, within this state, place, store, abandon or discard any junked motor vehicle upon the right-of-way of any public highway or upon any other public or private property, open to public view except at a licensed salvage yard or at the business establishment of a demolisher. Any person who violates any provision of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned in the county jail for not more than six months, or both fined and imprisoned.

§17-24-5. Old vehicle tires, inoperative or abandoned household appliances, machinery or personal property in certain places prohibited; penalty.

No person shall, within this state, place, store, abandon or discard any old vehicle tire, inoperative or abandoned household appliance or any other disfunctional machinery or personal property upon the right-of-way of any public highway or upon any other public or private property open to public view except at alicensed salvage yard or at the business establishment of a demolisher. Any person who violates any provision of this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned in the county jail for not more than six months, or both fined and imprisoned.

§17-24-7. Authority to take possession of abandoned motor vehicles, junked motor vehicles, old vehicle tires, inoperative or abandoned household appliances, machinery or personal property.

Any enforcement agency which has knowledge of any abandoned or junked motor vehicle, old vehicle tire, inoperative or abandoned household appliance, machinery or personal property on either public or private property shall take the same into its custody and possession within thirty days. For that purpose, the enforcement agency may employ its own personnel, equipment and facilities or hire persons, equipment and facilities for the purpose of removing, preserving and storing such abandoned or junked items: Provided, That before taking any abandoned or junked motor vehicle into custody and possession from private property, the enforcement agency shall give the private property owner and the owner of said motor vehicle, if ascertainable, ten days' notice by registered or certified mail that such action will be taken unless the said motor vehicle is restored to a functional use.