Linda W. Cropp at the request of the Mayor
A BILL IN THE COUNCIL
OF THE DISTRICT OF COLUMBIA
To amend, on a
temporary 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 Temporary 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(b) Subsections (k)(3) and (4) are repealed.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 1b(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 (1A) 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. 6. Title 18 of the District of Columbia Municipal Regulations,
Chapter 24, is amended as follows:
(a)
Subsection 2421.2 is amended to read as follows:
"2421.2
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 2421.3 through 2421.6 are repealed.
Sec. 7. The Council adopts the attached fiscal impact statement as
the fiscal impact statement required by section 602(c)(3) of the District of Columbia
Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(3)).
Sec. 8. (a) 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)), a 30 day period of congressional review, as provided in
section 602(c)(1) of the District of Columbia Home Rule Act, approved
December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the
District of Columbia Register.
(b) This act shall expire after 225 days of its having taken effect.