AGENDA #11
TO:
Mayor and Town Council
FROM:
W. Calvin Horton, Town Manager
Ralph D. Karpinos, Town
Attorney
SUBJECT:
Supplemental Report on Towing from Private Lots
DATE:
January 14, 2002
The purpose of this memorandum is to provide
additional comment regarding this item, which was deferred at the Council’s
After the Town Council scheduled, for the
Included in the main agenda materials on this
item is a
1.
The
comments under the first issue in the letter point out some of the difficulties
that have arisen because of encounters between vehicle owners and tow companies
both at the scene of an attempted tow and in the Courts. One of the principal objectives of the
attached proposed ordinance is to avoid such encounters by requiring sufficient
notice so that citizens are adequately warned and do not park in areas where
they can be subject to towing.
The proposed ordinance would make it unlawful to tow from a lot where such notice is not provided. No current provision of law expressly makes the failure to have a sign prior to towing a code or statutory violation. Thus, the objective of the ordinance is not to provide a remedy for persons whose vehicles have been improperly towed, but rather to create a situation where citizens are warned so that they do not park in locations where they are at risk of having their vehicles towed at all.
Although the Ordinance provides for both criminal and civil penalties, we would expect that the civil process, including seeking a Court Order to require the mandated signs, would be the primary enforcement process used.
2.
The
comments under the second issue in the letter suggest that the two different
size requirements in the proposed ordinance and State law can create
confusion. To avoid that confusion,
we recommend the ordinance be modified to require the same minimum sign size as
that required under N.C.G.S. Sec. 20-219.2 (24 inches by 24
inches).
3.
Under
the second issue in her letter, Ms. Bernholz proposes additional requirements
for private property owners beyond those contained in the attached proposed
ordinance and beyond those expressly authorized by the local bill enacted last
year by the General Assembly. These are not directly related to the concerns
that prompted the request for special legislation last year and, thus were not
part of the legislative request.
The Council may consider if these are matters it wants to
address.
4.
Ms.
Bernholz proposes that the Council appoint a committee to review issues related
to regulation of towing prior to adoption of any new ordinance. Based on the types of calls that have
been received at Town Hall from persons whose vehicles have been towed, as well
as the other remedies available through the Courts to persons whose vehicles
have been allegedly improperly towed, we do not believe it is necessary at this
time for the Council to appoint such a committee or consider the enactment of
further regulations.
RECOMMENDATION
1.
That the
Council receive public comment this evening and consider enactment of the
attached Ordinance.
2.
That the
Ordinance, if enacted, be modified to adjust the size of the signs required to
24 inches by 24 inches.
3.
That the
Ordinance, if enacted, be adjusted to have an effective date of March 1, 2002.
4.
That
further consideration of the additional regulations and committee proposed by
the letter be deferred to allow an opportunity for the Council to assess the
effectiveness of the Ordinance in addressing the issues which prompted the
legislative request and Ordinance.
If the Council wishes at this time to pursue the enactment of additional regulations of private towing companies and appoint the committee proposed by the letter, we would also suggest this matter be referred to the Manager and the Town Attorney for a determination of the staffing and budgetary implications and the Town’s legal authority to regulate such matters.
We believe, however, that the Council can still consider the proposed ordinance, with the size correction indicated above at this time.