187AN ORDINANCE Providing that the Town Marshal
may capture, seize, take command of, impound,
and remove from the public streets of the Town
of Atlantic Beach, any motor vehicle that may
be found unlawfully parked in violation of arty,
Ordinance of said Town, and any lost, abandoned,
or stolen vehicle, and to maintain a place for
the storage and keeping of such vehicles,and
to dispose of thesame as provided in this ordi-
nance; and fixing rates and charges for the
removing and storage of such vehicles.
BE IT ORDAINED by the Magor and Town Council of the
Town of Atlantic Beach:
Section 1. The Town Marshal of the Town of Atlantic
Beach may capture, seize, take command of, impound and remove
from the public streets or places of the Town any motor vehicle
that may be found unlawfully parked in violation of any pro-
vision of any ordinance of the Town or any of the rules and
regulations made pursuant thereto, which have prohibited or
restricted the parking of motor vehicles at the place where
such motor vehicle is found.
Section 2. The Town ,flarshal of the Town of Atlantic
Beach is hereby authorized to take up,seize and reduce to his
possession all captured, lost, abandoned or stolen vehicles,
to maintain a place for the storage and keeping; of such ve-
hicles and the vehicles captured, seized, impounded or removed
pursuant to Section 1 hereof,and to dispose of all such ve-
hicles in the manner provided in this ordinance.
Section 3. The following rates for storage or cost
of keeping such captured, seized, impounded, lost, abandoned
or stolen vehicles, which shall be a lien on same, are hereby
fixed and established as follows:
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Section 5. All storage charges and costs of keeping
such vehicles and all proceeds derived from any public sale
thereof, shall be collected by the Town Marshal, who shall
promptly and within three (3) days make a report thereof to
the Town Treasurer and deliver such funds to said Treasurer.
The report to said Treasurer in case of public sale of any
motor vehicle, shall include the expense incurred incident to
such sale of the same.
Section 6. Any surplus which may be received as the
purchase price of such motor vehicle so sold over and above
the amount of such storage charges and costs and expenses
incident to the sale, shall be retained by the Town to be de-
livered to the owner of such property upon claim made by him,
and approved by the Town Council. But if no claim shall be
made for any such surplus within a period of one year after
such sale, then such funds shall become the property of the
Town.
Section 7. All amounts received by the Town for storage
charges, costs of keeping; such motor vehicles, and all un-
claimed surplus funds becoming the property of the Town under
the provisions of this Article, shall be credited to the general
fund of the Town to be used for the purposes hereof.
Section 8. In all -instances where the Town ivarshal
employs the services of any duly licensed wrecker service to
deliver unlawfully parked,wrecked, lost, abandoned,iar stolen or captured
motor vehicle to any place of storage maintained by him, no such
motor vehicle shall be returned or delivered to the owner or
successful bona Fide claimant of such motor vehicle without
first requiring the owner or claimant to exhibit a fully paid
receipt for the lawful fees of the wrecker service for its
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s
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a)• UU per mile or, fraction thereof,
measured from place of removal to the place of storage,
when any such motor vehicle is towed or otherwise removed
by the Town Marshal to the place of storage maintained
pursuant to this Ordinance, provided the maximum charge
therefor shall not exceed 6`C
b) 0 / for each twenty-four hours or fraction
thereof that such motor vehicle is kept or stored at the
place of storage maintained by said Town Marshal.
Section 3. Vuithin ninety days from the date any such
motor vehicle is seized or taken into possession by the Town Marshal,
the rightful owner shall be entitled to resume possession thereof
upon proof of ownership and upon payment of storage charges and
cost of keeping the same. As soon as practical after such motor
vehicle is so reduced to possession, and within a period of ninety
days, the Town Marshal small make diligent effort to ascertain the
owner of the same, and anyone claiming a lien thereon, and shall
notify the owner and any lien -holder that such motor vehicle is
beinFheld and retained under the provisions of this ordinance.
Section 4. The owner of any such motor vehicle, before
being restored such property, shall pay the storage or cost of keep-
ing the same,and in default of payment within ninety days from the
date such motor vehicle is seized or taken into possession by the
Town Marshal, such motor vehicle shall be sold at public sale to
the highest and best bidder for cash to satisfy the lien. Notice
of such sale shall be given in writing to the owner and any lien -
holder, if known, and by publication one time in a newspaper of
general circulation in the Town of Atlantic Beach, at least ten
days prior to the date of such sale. The time and place of such
sale shall be fixed by the Town Marshal, who shall give the notices
thereof and conduct the same in the name of and on behalf of the
Town.
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services rendered in connection with the delivery of such motor
vehicle to said ulace of storage. In all cases where such
motor vehicles are sold at auction and bills for services ren-
dered are on file with the Town Marshal or the Town Clerk, it
shall be the duty of the Town Marshal to sell such motor ve-
hicle subject to such charges, and such motor vehicle shall be
held until the charges are paid by the successful bidder as
hereinbefore provided.
1956.
Passed by the Town Council on first reading April /D
Passed by the Town Council on second reading April
U
dl- 1956.
Passed by the Town Council on third and final reading,
and certified to the Mayor, JlPt 1956.
Attest:
Town Glerk
Approved this f c- day of `- , 1956
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