AGENDA #10
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town Attorney
SUBJECT: Proposed Ordinance Requiring Notice Prior to Towing from Private Lots
DATE: October 22, 2001
The attached Resolution would indicate the Council’s intent to consider, at its November 26, 2001, meeting, an ordinance to require owners of private parking lots in the downtown to post signs in order to be able to tow improperly parked vehicles.
Earlier this year the General Assembly enacted a local bill authorizing the Town of Chapel Hill and the City of Greenville to require the installation of sign notification on parking lots located on private property prior to an owner or lessee of the property being able to tow vehicles from such a lot. The Council asked to be added to Greenville’s local bill after the Town received a number of complaints from drivers whose vehicles had been towed from private lots in the downtown area. At that time we reported to the Council that if the Town were added to the bill and the bill were to pass, we would ask the Council for further guidance on whether to prepare an ordinance implementing the authority.
The attached draft Ordinance has been prepared to provide an example for the Council of an ordinance that would implement the authority granted by the General Assembly. Under the provisions of the draft Ordinance, owners or managers of private parking lots wishing to tow vehicles improperly parked would be required to post signs meeting certain size requirements at each entrance to their lots advising persons that unauthorized vehicles are subject to being towed.
As drafted, the proposed Ordinance would apply to non-residential lots in areas of the Town zoned TC-1 and TC-2. We believe properties in these downtown areas of Town are the most likely locations where persons might seek to park on private property without permission and where the property owners might wish to have unauthorized vehicles removed, possibly to provide space for parking of authorized vehicles. Therefore, we believe the Town Center area is where warning notices would most be needed. The Council may wish to extend the area where the Ordinance would apply. (A few weeks ago the Greenville City Council enacted an ordinance applying similar regulations to a limited area in the downtown and near East Carolina University.)
Although no public hearing is required prior to enactment of this amendment to the Town Code, the Council may wish to afford an opportunity for public comment prior to considering any ordinance implementing the newly provided authority. We have on file names of persons and organizations whose concerns prompted consideration of this legislative request and could notify them as well as other persons at the Council’s direction.
As drafted, the Ordinance would become effective January 1, 2002, giving property owners until that date to post the required signs.
That the Council schedule consideration of enactment of an ordinance on this subject for the November 26, 2001, Council meeting and direct that notice of this matter be sent to persons who, by letter or otherwise, have indicated to the Town their concerns about towing of vehicles from private lots.
1. House Bill 657 (p. 6).
A RESOLUTION SCHEDULING CONSIDERATION OF A PROPOSED ORDINANCE REQUIRING PRE-TOWING NOTICE ON PRIVATE PARKING LOTS (2001-10-22/R-10)
BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council will consider, at its November 26, 2001, meeting, enactment of an ordinance requiring private property owners to post warning signs in order to be able to tow cars parked on their properties without their permission.
BE IT FURTHER RESOLVED that the Council directs that notice of this proposed ordinance be sent to persons who, by letter or otherwise, have indicated to the Town their concerns about towing of vehicles from private lots.
This the 22nd day of October, 2001.
DRAFT ORDINANCE
AN ORDINANCE REQUIRING THE PLACEMENT OF PRE-TOWING NOTICE ON PRIVATE LOTS
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CHAPEL HILL as follows:
Section 1. Chapter 11 of the Town Code is hereby amended by adding a new Article XVII to read as follows:
“ARTICLE XVII. PRE-TOWING NOTICE ON PRIVATE LOTS
Sec. 11-301. Notice Required.
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:
(a) A notice, in the form of a sign structure, not less than twelve (12) inches by eighteen (18) 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 (4) square feet.
(b) The notice shall clearly display the following:
(1) In not less than one-and one-half inch high letters on a contrasting background, the words “tow-away” or “tow-away zone” or “towing enforced.”
(2) In not less than one 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 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) 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.
Section 11-302. Applicability.
The provisions of this Article shall apply to private property used for non-residential purposes in all areas of the Town zoned TC-1 and TC-2 under the Chapel Hill Development Ordinance.
Section 11-303. Exceptions.
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 the Chapel Hill Town Code or state law.
Section 11-304. 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 (12) month period; and
(3) In the amount of two hundred and fifty dollars ($250.00) for each offense when the offense is the third or subsequent offense with a twelve (12) 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. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.
Section 3. Any part or provision of this ordinance found by a court of competent jurisdiction to be in violation of the Constitution or laws of the United States or North Carolina is hereby deemed severable and shall not affect the validity of the remaining provisions of the ordinance.
Section 4. This ordinance shall become effective on January 1, 2002.