AGENDA #4c

 

MEMORANDUM

 

TO:                  Mayor and Town Council

 

FROM:            W. Calvin Horton, Town Manager

Ralph D. Karpinos, Town Attorney

 

SUBJECT:            Legislation on Towing Cars from Private Lots

 

DATE:            April 9, 2001

 

The attached resolution would request that the Town of Chapel Hill be added to a local bill authorizing an ordinance to require additional notice prior to the towing by private companies of cars from private lots.

 

BACKGROUND

 

In the last few  months the Town Manager’s office and the Mayor’s Office have received an increasing number of telephone calls from citizens complaining about their cars having been towed from private commercial lots in the downtown area.  We have carefully examined present statutory provisions and have concluded that the actions being taken by the private towing companies are not subject to challenge or further regulation by the Town under the current law.

 

DISCUSSION

 

The City of Greenville has asked for a local bill (copy attached), which would authorize it to enact an ordinance to require and establish the size and nature of pre-towing notices required at private lots prior to towing being allowed.

 

RECOMMENDATION

 

Based on the number and nature of complaints we have received about towing incidents in recent weeks we believe that it would be reasonable for the Council to ask our legislative delegation to ask that the Town of Chapel Hill be added to this local bill.  If Chapel Hill were added and the bill were to pass, we would ask the Council for further guidance on whether to prepare an ordinance implementing the authority. 

 

ATTACHMENTS

 

1.  Copy of Greenville - Pretowing Notice, local bill (p. 3).


 

 

A RESOLUTION REQUESTING THAT THE TOWN OF CHAPEL HILL BE ADDED TO PROPOSED LEGISLATION AUTHORIZING ORDINANCES TO REQUIRE PRE-TOWING NOTICES BEFORE A MOTOR VEHICLE MAY BE TOWED FROM A PRIVATE LOT (2001-04-09/R-5)

 

BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby requests the Orange County Legislative Delegation to seek to have Chapel Hill added to proposed House Bill 651 pertaining to requiring pre-towing notices before a motor vehicle may be towed from a private lot.

 

This the 9th day of April, 2001.