Dangerous Vehicle Removal Emergency Amendment Act of 2001
Bill 14-239

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To amend, on an emergency basis, the District of Columbia Traffic Act of 1925 to provide that vehicles which are booted and then impounded for outstanding tickets be subject to the same reclamation, notice, and disposition procedures applicable to abandoned vehicles, the District of Columbia Motor Vehicle Parking Facility Act of 1942 to define dangerous vehicle, An Act To prohibit parking of vehicles upon public or private property in the District of Columbia without the consent of the owner of such property to provide for the towing, impoundment, notice, and disposition of dangerous vehicles, to reduce the time period for removing dangerous vehicles from the public space and abandoned vehicles from private property, Chapter 24 of Title 18 of the District of Columbia Municipal Regulations to provide that vehicles which are impounded for parking violations are subject to the same reclamation, notice, and disposition procedures applicable to abandoned vehicles.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this Act may be cited as the "Dangerous Vehicle Removal Emergency Amendment Act of 2001".

Sec. 2. Section 6 of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Code § 40-703) is amended as follows:

(a) Subsection 6(k)(2) is amended by striking the first sentence and inserting the following sentence in its place: "The notice, reclamation, and disposition procedures set forth for abandoned vehicles in section 1a and 1b of An Act To prohibit parking vehicles upon public or private property in the District of Columbia without the consent of the owner of such property, approved January 15, 1942 (56 Stat. 5; D.C. Code §40-812.1 (a)), shall apply to any vehicle impounded pursuant to this section.".

(b) Subsections (k)(3) and (4) are repealed.

Sec. 3. Section 2 of the District of Columbia Motor Vehicle Parking Facility Act of 1942, approved February 16, 1942 (56 Stat. 93; D.C. Code 40-804) is amended by adding a new paragraph (8) to read as follows:

"(8) The term "dangerous vehicle" means any motor vehicle, trailer, or semitrailer that is a danger to the public health, safety, or welfare.".

Sec. 4. An Act To prohibit parking vehicles upon public or private property in the District of Columbia without the consent of the owner of such property, approved January 15, 1942 (56 Stat. 5; D.C. Code §40-812 et seq.), is amended as follows:

(a) Section 1 (D.C. Code §40-812) is amended as follows:

(1) Subsection (a) of this section is amended as follows:

(A) By striking the phrase "3 months" and inserting the phrase "30 days" in its place;

(B) By striking the phrase "abandoned or junk vehicle" wherever it appears and inserting and inserting the phrase "abandoned, junk, or dangerous vehicle" in its place.

(2) Subsection (a-1) of this section is amended by striking the second sentence and inserting the following sentences in its place: "Except as provided in this section, the Abandoned and Junk Vehicle Division may, upon expiration of a 24-hour warning notice posted on the vehicle, immediately remove any junk vehicle not displaying valid license plates assigned to that vehicle and which does not have on the vehicle a valid Vehicle Identification Number and any dangerous vehicle. The junk vehicle removed pursuant to this subsection may be immediately recycled, dismantled, salvaged or demolished.".

(b) Section 1 a(a) (D.C. Code § 40-812.1(a)) is amended by striking the phrase "an abandoned or junk vehicle" wherever it appears and inserting the phrase "an abandoned, junk, or dangerous vehicle" in its place.

(c) Section lb(b) (D.C. Code § 40-812.2(b)) shall be amended by striking the phrase "junk vehicle" wherever it appears and inserting the phrase "junk or dangerous vehicle" in its place.

Sec. 5. The District of Columbia Abandoned and Junk Vehicle Removal Act Amendment Act of 1989, effective September 9, 1989 (D.C. Law 8-24; D.C. Code §40- 831 et seq.) is amended as follows: 

(a) Section 2 is amended as follows:

(1) By adding a new paragraph (1 A) to read as follows: 

"(1A) "Dangerous vehicle" means any motor vehicle, trailer, or semitrailer that is a danger to the public health, safety, or welfare.".

(2) Paragraph (1)(D) is amended by striking the phrase "3 months" and inserting the phrase "30 days" in its place.

(b) Section 3(a) (D.C. Code §40-832(a))is amended as follows:

(1) By striking the phrase "abandoned or junk vehicle" wherever it appears and inserting the phrase " abandoned, junk, or dangerous vehicle" in its place.

(2) Paragraph (3) of this subsection is amended to read as follows:

"(3) Except as provided in paragraphs (7A) and (7B) of this subsection, place a conspicuous warning notice on the vehicle that informs the owner that unless the vehicle is removed within 72 consecutive hours it shall be removed by the District government, if the Abandoned and Junk Vehicle Division has reason to believe that the vehicle is abandoned or junk;".

(3) Paragraph (5) of this subsection is amended to read as follows:

"(5) Notify the owner and any lien holder of record in the Office of the Recorder of Deeds of the District of Columbia that the abandoned, junk, or dangerous vehicle will be sold at public auction, recycled, dismantled, salvaged, or demolished, as applicable, if not reclaimed within 45 days after the date of the notice;".

(4) By inserting new paragraphs (7A) and (7B) to read as follows: 

"(7A) Place a conspicuous 24-hour warning notice on a junk vehicle not displaying valid license plates assigned to that vehicle and which does not have on the valid Vehicle Identification Number, which is on public property, that informs the owner that the District of Columbia government shall, upon the expiration of the 24-hour warning notice, immediately tow and transfer the vehicle and recycle, dismantle, salvage, or demolish the vehicle;

"(7B) Place a conspicuous 24-hour warning notice on a dangerous vehicle that is on public property and upon the expiration of the 24-hour warning notice tow and impound the vehicle; and".

Sec. 8. This act shall take effect upon its enactment (approval by the Mayor, or in the event of veto by the Mayor override of the veto by the Council, and approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code section 47-392.3(a)), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-229(a)).