§261-17.6  Parking control at airports. (a)  The director may enforce airport rules pertaining to vehicle parking atairports by imposing fines not to exceed $50 per violation or by removing thevehicle of the offender from the area within the airport's jurisdiction, orboth; provided that a person violating any provision of part III of chapter291, or any rule adopted thereunder, shall be guilty of a traffic infractionunder chapter 291D and shall be fined or otherwise penalized in accordance withpart III of chapter 291.

(b)  Written notice of the removal of anyvehicle shall immediately be sent by registered or certified mail, with areturn receipt, to the legal and registered owner of the vehicle at the addresson record at the vehicle licensing division.  The notice shall contain a briefdescription of the vehicle, the location of custody, and intended dispositionof the vehicle if not repossessed within thirty days after the mailing of thenotice.  A notice need not be sent to a legal or registered owner or to anyperson with an unrecorded interest in the vehicle whose name or address cannotbe determined.

(c)  Any vehicle not repossessed within thetime limits provided in subsection (b) after compliance by the department withthe notice requirements provided by that subsection, shall be disposed of bypublic auction, through oral tenders, or by sealed bids, after public noticehas been given; provided that the public auction shall not be held less thanfive days after public notice has been given.  Where no bid is received, thevehicle may be either sold by negotiation, disposed of or sold as junk, ordonated to any governmental agency; and further provided that the requirementsof public auction may be waived when the appraised value of any vehicle is lessthan $100 as determined by an independent appraiser who has had at least oneyear of experience in the sale or purchase of motor vehicles as a licensedmotor vehicle salesperson.  In that event the vehicle, after public notice hasbeen given, may be disposed of in the same manner as when a vehicle is put upfor public auction and for which no bid is received.

(d)  Any person entitled to the vehicle mayrepossess the same prior to the date of public auction upon payment of alltowing, handling, storage, appraisal, advertising, and any other expensesincurred in connection with the vehicle.  If the person claiming the vehicle isnot the legal or registered owner, the person may repossess the vehicle uponpaying the foregoing expenses and posting adequate security not to exceed thevalue of the vehicle.  The security, if not forfeited, shall be returned twoyears from receipt.

(e)  The transfer of title and interest by salepursuant to the provisions of this section shall be considered a transfer byoperation of law and shall be governed by provisions applicable thereto;provided that in the event the certificate of ownership or registration isunavailable, the bill of sale executed by the director or the director'sauthorized representative is satisfactory evidence authorizing the transfer ofsuch title or interest.

(f)  All proceeds from the sale of vehiclesshall be deposited into the airport revenue fund.  The legal or registeredowner is entitled to recover the excess of the proceeds from the sale overexpenses, if the claim is filed with the department within sixty days from theexecution of the sales agreement.  The legal owner shall receive priority ofpayment to the extent of the legal owner's lien on the vehicle.  The departmentmay file a claim within the same period against the legal or registered owneror person with an unrecorded interest for the deficiencies between the saleproceeds and expenses.

(g)  A vehicle shall be deemed a derelict bythe director under any one of the following conditions:

(1)  If the certificate of registration of the vehiclehas expired and the registered and legal owner no longer resides at the addresslisted on the last certificate of registration on record with the countydirector of finance;

(2)  If the last registered and legal owner of recorddisclaims ownership;

(3)  If essential major parts have been removed so asto render the vehicle inoperable, and the vehicle identification numbers,license number plates, and other means of identification have been removed soas to nullify efforts to locate or identify the registered and legal owner; or

(4)  If the vehicle registration records of the countydirector of finance contain no record that the vehicle has ever been registeredin the county.

(h)  A derelict vehicle may be immediatelydisposed of or sold as junk without having to comply with the requirements ofsubsections (b) through (f). [L 1980, c 49, §1; gen ch 1985, 1993; am L 1997, c308, §4; am L 1998, c 2, §75]