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Ely Shoshone Tribal Code

CHAPTER 487 - REPAIR, REMOVAL AND DISPOSAL OF VEHICLES

GENERAL PROVISIONS

SECTION 487.001            Applicability of chapter to mobile homes.

TOWING AND REMOVAL OF CERTAIN VEHICLES

SECTION 487.038            Removal of vehicles parked in unauthorized manner on private property: Conditions; notice; liability for costs.

ABANDONED VEHICLES

SECTION 487.205            Tribal Council findings and declaration.

SECTION 487.210            Definitions.

SECTION 487.220            Person responsible for cost of removal and disposition of abandoned vehicle; presumption vehicle abandoned by registered owner; rebuttal of presumption.

SECTION 487.230            Removal of vehicles abandoned on property other than public lands.

SECTION 487.281            Unlawful abandonment of vehicle.

SECTION 487.290            Unlawful possession of unregistered vehicles unfit for use; exceptions.

SECTION 487.300            Penalty.

PENALTIES

SECTION 487.990            Administrative fines; opportunity for hearing; deposit of fines collected; delegation of authority to impose and collect fines; injunctions and other remedies; enforcement proceedings.

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GENERAL PROVISIONS

SECTION 487.001  Applicability of chapter to mobile homes.  

      1.  The provisions of this chapter, except SECTION 487.035 and 487.290, apply to mobile homes although not licensed or registered.

      2.  As used in this section, “mobile home” means a vehicular structure, built on a chassis or frame, which is designed to be used with or without a permanent foundation and is capable of being drawn by a motor vehicle. The term does not include a recreational park trailer as defined in SECTION 482.1005.

 

 

TOWING AND REMOVAL OF CERTAIN VEHICLES

SECTION 487.038  Removal of vehicles parked in unauthorized manner on private property: Conditions; notice; liability for costs.

      1.  Except as otherwise provided in subsections 3 and 4, the owner or person in lawful possession of any real property may, after giving notice pursuant to subsection 2, utilize the services of any tow car operator subject to the jurisdiction of the Transportation Services Authority to remove any vehicle parked in an unauthorized manner on that property to the nearest public garage or storage yard if:

      (a) A sign is displayed in plain view on the property declaring public parking to be prohibited or restricted in a certain manner; and

      (b) The sign shows the telephone number of the police department or sheriff’s office.

      2.  Oral notice must be given to the police department or sheriff’s office, whichever is appropriate, indicating:

      (a) The time the vehicle was removed;

      (b) The location from which the vehicle was removed; and

      (c) The location to which the vehicle was taken.

      3.  Any vehicle which is parked in a space designated for the handicapped and is not properly marked for such parking may be removed if notice is given to the police department or sheriff’s office pursuant to subsection 2, whether or not a sign is displayed pursuant to subsection 1.

      4.  The owner or person in lawful possession of residential real property upon which a single-family dwelling is located may, after giving notice pursuant to subsection 2, utilize the services of any tow car operator subject to the jurisdiction of the Transportation Services Authority to remove any vehicle parked in an unauthorized manner on that property to the nearest public garage or storage yard, whether or not a sign is displayed pursuant to subsection 1.

      5.  All costs incurred, under the provisions of this section, for towing and storage must be borne by the owner of the vehicle, as that term is defined in SECTION 484.091.

      6.  The provisions of this section do not limit or affect any rights or remedies which the owner or person in lawful possession of real property may have by virtue of other provisions of the law authorizing the removal of a vehicle parked on that property.

ABANDONED VEHICLES

SECTION 487.205  Tribal Council findings and declaration.

      1.  The Legislature finds that:

      (a) Abandoned vehicles constitute a safety hazard and a public nuisance and are detrimental to the health, safety and welfare of the general public.

      (b) Such vehicles produce scenic blight which degrades the environment and adversely affects the proper maintenance and continuing development of the Tribe.

      2.  The Tribal Council declares that the policy of this Reservation is:

      (a) To prohibit the abandonment of vehicles and to enforce such prohibition with adequate penalties.

      (b) To encourage the development of procedures and operational techniques which will facilitate the expeditious removal of abandoned vehicles from public and private premises.

SECTION 487.210  Definitions.  As used in SECTION 487.220 to 487.300, inclusive, unless the context otherwise requires:

      1.  “Abandoned vehicle” means a vehicle:

      (a) If the vehicle is discovered upon tribal lands, that the owner has discarded.

      (b) If the vehicle is discovered upon public or private property other than public lands:

             (1) That the owner has discarded; or

             (2) Which has not been reclaimed by the registered owner or a person having a security interest in the vehicle within 15 days after notification pursuant to NRS 487.250.

      2.  “Public lands” has the meaning ascribed to it in NRS 321.5963.

      3.  Which is not been moved in 72 hours or such state of repair that makes the vehicle inoperable.

      4.  Prior to towing the vehicle it shall  be cited and 24 hours given to the owner for removal or repairs.

 

SECTION 487.220  Person responsible for cost of removal and disposition of abandoned vehicle; presumption vehicle abandoned by registered owner; rebuttal of presumption.

      1.  Every person who abandons a vehicle is responsible for the cost of removal and disposition of the vehicle.

      2.  An abandoned vehicle is presumed to have been abandoned by the registered owner thereof. Except as otherwise provided in NRS 487.235, the registered owner may rebut this presumption by showing that:

      (a) He transferred his interest in the abandoned vehicle:

             (1) Pursuant to the provisions set forth in NRS 482.399 to 482.420, inclusive; or

             (2) As indicated by a bill of sale for the vehicle that is signed by the registered owner; or

      (b) The vehicle was stolen, if he submits evidence that, before the discovery of the vehicle, he filed an affidavit with the Department or a written report with an appropriate law enforcement agency alleging the theft of the vehicle.

SECTION 487.230  Removal of vehicles abandoned on property other than public lands.

      1.  Any Tribal Police Officer who has reason to believe that a vehicle has been abandoned on public property in his jurisdiction may remove the vehicle from that property. At the request of the owner or person in possession or control of private property who has reason to believe that a vehicle has been abandoned on his property, the vehicle may be removed by the operator of a tow car or an automobile wrecker from that private property.

      2.  A person who authorizes the removal of an abandoned vehicle pursuant to subsection 1 shall:

      (a) Have the vehicle taken to the nearest garage or other place designated for storage by:

             (1) The owner or person in possession or control of the property if the vehicle is removed from private property.

      (b) Make all practical inquiries to ascertain if the vehicle is stolen by checking the license plate number, vehicle identification number and other available information which will aid in identifying the registered and legal owner of the vehicle and supply the information to the person who is storing the vehicle.

SECTION 487.281  Unlawful abandonment of vehicle.

      1.  A person shall not abandon a vehicle upon any public highway or road.

      2.  A person shall not abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.

SECTION 487.290  Unlawful possession of unregistered vehicles unfit for use; exceptions.

      1.  Unless he first obtains a license pursuant to SECTION 487.050 or 487.410, a person shall not for any reason keep more than two unregistered vehicles on real property owned by him or under his possession or control if the vehicles are no longer intended for or in condition for lawful use on the highway.

      2.  The provisions of subsection 1 do not apply to:

      (a) Premises used by a licensed dealer, manufacturer, distributor or rebuilder.

      (b) Vehicles to be restored or used as a source of parts in conjunction with the operation or maintenance of a fleet of vehicles for the carriage of persons or property.

      (c) Premises used as a farm, ranch, mine or repair shop for motor vehicles.

      (d) Any person engaged in the restoration of one or more vehicles entitled to registration as a Horseless Carriage or otherwise having classic or historic significance.

SECTION 487.300  Penalty.  Every person who violates any provision of SECTION 487.281 or 487.290 is guilty of a Category D offense.

 

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