AGENDA #15

 

MEMORANDUM

 

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:             November 26, 2001

                        REISSUED: January 14, 2002

 

 

The attached Ordinance would require owners of private parking lots in the downtown to post signs in order to be able to tow improperly parked vehicles.

 

BACKGROUND

 

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.

 

On October 22, 2001, the Council adopted a resolution indicating its intent to consider this evening a proposed ordinance to implement this authority in the downtown area.

 

DISCUSSION

 

Under the provisions of the proposed 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.  Towing a vehicle from a lot which does not display the proper signage would be a violation of the Ordinance. [1]

 

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. 

 

We have notified persons and organizations whose concerns prompted consideration of this ordinance or who we believe might be interested in this matter of tonight’s meeting.  One response has already been received and is attached.

 

As drafted, the Ordinance would become effective January 1, 2002, giving property owners until that date to post the required signs. 

 

RECOMMENDATION

 

That the Council consider whatever pubic comment is offered this evening and take such further action as it deems appropriate.

ATTACHMENTS

 

1.      Agenda item #10, October 22, 2001 (p. 5).

2.      Letter from Carolina Student Legal Services (p. 11).

 

 

AN ORDINANCE REQUIRING THE PLACEMENT OF PRE-TOWING NOTICE ON PRIVATE LOTS (2001-11-26/O-8)

 

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.