ATTACHMENT 2
DRAFT
AN ORDINANCE REVISING ARTICLE XIX CONCERNING TOWING FROM PRIVATE LOTS ( )
BE IT ORDAINED BY THE COUNCIL OF CHAPEL HILL as follows:
Section 1. Article XIX of the Town Code is hereby amended to read as follows:
“ARTICLE XIX. PRE-TOWING NOTICE ON FROM
PRIVATE LOTS
(a) It shall be unlawful to tow or remove a vehicle which is parked on private property without the permission of the owner or lessee of that private property unless notice in accordance with the provisions of this section is posted on the private property from which the towing or removal is made.
Such notice shall fulfill the following requirements:
(1) A notice, in the form of a sign structure, not less than twenty-four (24) inches by twenty-four (24) inches in size, shall be prominently placed on the private property at each access or curb cut allowing vehicular access to the property, within five (5) feet of the street right-of-way line. If there are no curb or access barriers, signs shall be posted not less than one sign each fifty (50) feet of the frontage to the public street. The maximum size for any sign shall be four square feet.
(2) The notice shall clearly display the following:
a. In not less than one-and one-half (1 1/2) inch high letters on a contrasting background, the words "tow-away" or "tow-away zone" or "towing enforced."
b. In not less than one (1) inch high letters on a contrasting background, a statement indicating that parking by unauthorized vehicles is prohibited by the use of a phrase such as "private property", "leased parking", "no parking", "parking for customers only", "parking for residents only", or a similar phrase. If parking by unauthorized vehicles is not prohibited on a twenty-four (24) hour continuous basis, the days of the week and hours of the day during which unauthorized parking is prohibited shall be posted.
(3) In not less than one-half ( 1/2) inch high letters on a contrasting background, the telephone number at which a person available to release the vehicle that has been towed, removed, or immobilized may be contacted at any time. Calls to the telephone number must be answered by a person and a person with the authority and ability to release the vehicle must respond to the location of the vehicle within thirty (30) minutes of a call.
(c) (b) The sign structure
displaying the required notices shall be permanently installed with the bottom
of the sign not less than six (6) feet above ground level and not more than
eight (8) feet above ground level. Pedestrian safety should be taken into
consideration when locating freestanding signs.
The provisions of this article shall apply to private
property used for non-residential purposes in all areas of the town zoned TC-1,
TC-2 and TC-3 under the Chapel Hill Development Land Use Management
Ordinance.
Notwithstanding any other provision of this article, no notice shall be required for the towing or removal or immobilization of a vehicle (i) if the vehicle obstructs adequate ingress and egress, or (ii) if the vehicle has been left on the private property for a period of time greater than forty-eight (48) hours, or (iii) if the vehicle is being removed pursuant to the direction of a law enforcement officer or other officer in accordance with the provisions of this Code or state law.
Sec. 11-304. Towing fees.
Any towing or storage firm which tows or removes a vehicle pursuant to this Article shall not charge the owner or operator of the vehicle in excess of one hundred dollars ($100.00) for the towing or removal or in excess of twenty dollars ($20.00) per day for storage fees. No storage fees shall be charged for the first twenty-four (24) hour time period from the time the vehicle is initially removed from the private property. The fees referred to herein shall be all inclusive; no additional fees may be charged for the use of particular equipment or services, except for vehicles weighing in excess of two (2) tons. The fees referred to herein shall be payable by cash, debit card, or major national credit card at no extra cost.
Sec. 11-305. Report to Police Department.
Within thirty (30) minutes after a vehicle has been placed at a storage site pursuant to this Article, the tow truck operator who removed the vehicle shall report by telephone to the Chapel Hill Police Department that the vehicle has been removed, a license tag number and description of the vehicle, and its present location.
Sec. 11-306. Release prior to tow.
If, prior to the tow truck and vehicle having left the private property at which the vehicle was parked, the owner or operator or other person able to move the vehicle returns to the property, the tow truck operator shall release the vehicle to that person. No fee may be charged unless the vehicle has been attached to the tow truck prior to the arrival of the person, in which case a fee not in excess of fifty dollars ($50) may be charged.
Sec. 11-304 307. Penalties.
(a) Any violation of the provisions of this article or a failure to comply with any of its requirements shall subject the offender to a civil penalty as follows:
(1) In the amount of fifty dollars ($50.00) for the first offense;
(2) In the amount of one hundred dollars ($100.00) for the second offense within a twelve-month period; and
(3) In the amount of two hundred fifty dollars ($250.00) for each offense when the offense is the third or subsequent offense with a twelve-month period.
(b) This article may also be enforced by an appropriate equitable action.
(c) Any violation of the provisions of this article shall be a misdemeanor punishable as provided by North Carolina General Statute 14-4.
(d) Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this article”.
Section 2. Article XIX, as amended, shall be effective .
This the of .