<VV> Law moving thru the North Carolina legislature

[jvhroberts at aol.com]

 The nice thing about bad laws that are written poorly is they generally won't pass judicial muster. 





 





 



-----Original Message-----

From: airvair at earthlink.net <airvair at earthlink.net>

To: hugh <hugpeg at embarqmail.com>; Virtual Vairs <virtualvairs at corvair.org>

Sent: Sat, 30 May 2009 10:56 am

Subject: Re: <VV> Law moving thru the North Carolina legislature













All I can say is that that is a badly written {proposed) law. It does not

provide for notification, or for that matter, any kind of exemption for

hobby purposes. It doesn't even aknowledge any rights of the owners of said

"junk"cars to due process or compensation.



Who thought up that ordinance, a first grader? Yikes......



-Mark, in Ohio (thank goodness)





> [Original Message]

> From: hugh <hugpeg at embarqmail.com>

> To: Virtual Vairs <VirtualVairs at corvair.org>

> Date: 5/30/2009 10:45:44 AM

> Subject: <VV> Law moving thru the North Carolina legislature

>

> GENERAL ASSEMBLY OF NORTH CAROLINA

>

> SESSION 2009

>

> H 4

>

> HOUSE BILL 867

>

> Committee Substitute Favorable 5/6/09

>

> Senate State and Local Government Committee Substitute Adopted 5/26/09

>

> Fourth Edition Engrossed 5/27/09

>

> Short Title: Junked & Abandoned Vehicles. (Public)

>

> Sponsors:

>

> Referred to:

>

> March 30, 2009

>

> *H867-v-4*

>

> 1 A BILL TO BE ENTITLED

>

> 2 AN ACT AFFECTING THE REGULATION OF ABANDONED OR JUNKED MOTOR

>

> 3 VEHICLES IN ALL MUNICIPALITIES.

>

> 4 The General Assembly of North Carolina enacts:

>

> 5 SECTION 1. G.S. 160A-303(b2) reads as rewritten:

>

> 6 "(b2) A junked motor vehicle is an abandoned motor vehicle that also:

>

> 7 (1) Is partially dismantled or wrecked; or

>

> 8 (2) Cannot be self-propelled or moved in the manner in which it was

originally

>

> 9 intended to move; or

>

> 10 (3) Is more than five years old and worth less than one hundred dollars

>

> 11 ($100.00);($100.00) or is more than five years old and worth less than

five

>

> 12 hundred dollars ($500.00) as provided by the municipality in an

ordinance

>

> 13 adopted under this section; or

>

> 14 (3a) Is more than five years old and worth less than five hundred

dollars

>

> 15 ($500.00); this subdivision applies only to the Cities of Belmont,

Bessemer

>

> 16 City, Cherryville, Eden, Gastonia, Greensboro, Henderson, High Point,

>

> 17 Mount Holly, and Reidsville and the Towns of Ahoskie, Ayden, Cornelius,

>

> 18 Cramerton, Dallas, Davidson, Farmville, Huntersville, LaGrange,

Matthews,

>

> 19 Mint Hill, Louisburg, Spring Lake, and Stanley; or

>

> 20 (4) Does not display a current license plate."

>

> 21 SECTION 2. G.S. 160A-303.2(a) reads as rewritten:

>

> 22 "(a) A municipality may by ordinance regulate, restrain or prohibit

the abandonment of

>

> 23 junked motor vehicles on public grounds and on private property within

the municipality's

>

> 24 ordinance-making jurisdiction upon a finding that such regulation,

restraint or prohibition is

>

> 25 necessary and desirable to promote or enhance community, neighborhood

or area appearance,

>

> 26 and may enforce any such ordinance by removing or disposing of junked

motor vehicles

>

> 27 subject to the ordinance according to the procedures prescribed in

this section. The authority

>

> 28 granted by this section shall be supplemental to any other authority

conferred upon

>

> 29 municipalities. Nothing in this section shall be construed to

authorize a municipality to require

>

> 30 the removal or disposal of a motor vehicle kept or stored at a bona

fide "automobile graveyard"

>

> 31 or "junkyard" as defined in G.S. 136-143.

>

> 32 For purposes of this section, the term "junked motor vehicle" means a

vehicle that does not

>

> 33 display a current license plate and that:

>

> 34 (1) Is partially dismantled or wrecked; or

>

> General Assembly Of North Carolina Session 2009

>

> Page 2 House Bill 867-Fourth Edition

>

> 1 (2) Cannot be self-propelled or moved in the manner in which it

originally was

>

> 2 intended to move; or

>

> 3 (3) Is more than five years old and appears to be worth less than one

hundred

>

> 4 dollars ($100.00);($100.00) or is more than five years old and appears

to be

>

> 5 worth less than five hundred dollars ($500.00) as provided by the

>

> 6 municipality in an ordinance adopted under this section.

>

> 7 (4) Is more than five years old and appears to be worth less than five

hundred

>

> 8 dollars ($500.00). This subdivision applies only to the Cities of

Belmont,

>

> 9 Bessemer City, Cherryville, Eden, Gastonia, Greensboro, High Point,

>

> 10 Monroe, Mount Holly, and Reidsville and the Towns of Ahoskie, Ayden,

>

> 11 Cornelius, Cramerton, Dallas, Davidson, Farmville, Huntersville,

LaGrange,

>

> 12 Mint Hill, Louisburg, Spring Lake, and Stanley."

>

> 13 SECTION 3. This act is effective when it becomes law, but the repeal of

>

> 14 G.S. 160A-303(b2)(3a) and G.S. 160A-303.2(a)(4) become effective

October 1, 2009. A

>

> 15 municipality may adopt an ordinance under G.S. 160A-303(b2)(3) or G.S.

160A-303.2(a)(3)

>

> 16 when this act becomes law, but the ordinance may not become effective

prior to October 1,

>

> 17 2009.

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