§290-11  Vehicles left unattended on private
and public property; sale or disposition of abandoned vehicles.  (a) 
Notwithstanding any other provision of this chapter, any vehicle left
unattended on private or public property without authorization of the owner or
occupant of the property, may be towed away at the expense of the owner of the
vehicle, by order of the owner, occupant, or person in charge of the property;
provided that there is posted a notice prohibiting vehicles to park on the
property without authorization.  The notice shall state that the vehicle will
be towed and held at the expense of the vehicle owner, as well as the name,
address, and a telephone number of the facility where the vehicle will be towed
and held.  The notice shall be of such size and be placed in a location that is
clearly visible to the driver of a vehicle approaching any individual marked or
unmarked parking space; provided that where an entire parking lot consists of
restricted parking spaces, placement of the notice at each entrance of the
parking lot shall suffice.



(b)  Towing companies engaged by the owner,
occupant, or person in charge of the property shall:



(1)  Charge not more than $65 for a tow, or $75 for a
tow using a dolly, plus a mileage charge of $7.50 per mile towed and $25 per
day or fraction thereof for storage for the first seven days and $20 per day
thereafter.  When the tow occurs between the hours of six o'clock p.m. and six
o'clock a.m., from Monday through Thursday and from six o'clock p.m. Friday to six
o'clock a.m. Monday, the towing company shall be entitled to an overtime charge
of $15.  If the vehicle is in the process of being hooked up or is hooked up to
the tow truck and the owner appears on the scene, the towing company shall
unhook the vehicle and shall not charge any fee to the owner of the vehicle. 
In the case of a difficult hookup, meaning an above or below ground hookup in a
multilevel facility, a towing surcharge of $30 shall be applicable;



(2)  Determine the name of the legal owner and the
registered owner of the vehicle from the department of transportation or the
county department of finance.  The legal owner and the registered owner shall
be notified in writing at the address on record with the department of
transportation or with the county department of finance by registered or
certified mail of the location of the vehicle, together with a description of
the vehicle, within a reasonable period not to exceed fifteen days following
the tow.  The notice shall state:



(A)  The maximum towing charges and fees
allowed by law;



(B)  The telephone number of the consumer
information service of the department of commerce and consumer affairs; and



(C)  That if the vehicle is not recovered
within thirty days after the mailing of the notice, the vehicle shall be deemed
abandoned and will be sold or disposed of as junk.



Where the owners have not been so notified, then
the owner may recover the owner's car from the towing company without paying
tow or storage fees; provided that the notice need not be sent to a legal or
registered owner or any person with an unrecorded interest in the vehicle whose
name or address cannot be determined.  Absent evidence to the contrary, a
notice shall be deemed received by the legal or registered owner five days after
the mailing.  A person, including but not limited to the owner's or driver's
insurer, who has been charged in excess of the charges permitted under this
section may sue for damages sustained and, if the judgment is for the
plaintiff, the court shall award the plaintiff a sum not to exceed the amount
of the damages and reasonable attorney's fees together with the cost of suit;



(3)  Provide, when a vehicle is recovered by the owner
before written notice is sent by registered or certified mail, the owner with a
receipt stating:



(A)  The maximum towing charges and fees
allowed by law; and



(B)  The telephone number of the consumer
information service of the department of commerce and consumer affairs; and



(4)  Accommodate payment by the owner for charges under
paragraph (1) by cash and by either credit card or automated teller machine
located on the premises.



(c)  When a vehicle is not recovered within
thirty days after the mailing of the notice, it shall be deemed abandoned and
the owner of the towing company, or the owner of the towing company's
authorized representative, after one public advertisement in a newspaper of
general circulation in the State, may negotiate a sale of the vehicle or
dispose of it as junk.



(d)  The authorized seller of the vehicle shall
be entitled to the proceeds of the sale to the extent that compensation is due
the authorized seller for services rendered in respect to the vehicle,
including reasonable and customary charges for towing, handling, storage, and
the cost of the notices and advertising required by this part.  Any remaining
balance shall be forwarded to the legal or registered owner of the vehicle if
the legal or registered owner can be found.  If the legal or registered owner
cannot be found, the balance shall be deposited with the director of finance of
the State and shall be paid out to the legal or registered owner of the vehicle
if a proper claim is filed therefor within one year from the execution of the
sales agreement.  If no claim is made within the year allowed, the money shall
become a state realization.



(e)  The transfer of title and interest by sale
under this part is a transfer by operation of law; provided that if the
certificate of ownership or registration is unavailable, a bill of sale
executed by an authorized seller is satisfactory evidence authorizing the
transfer of the title or interest.



(f)  Notwithstanding any law or ordinance to
the contrary, including subsection (g), and section 46-20.5, any towing company
engaged in towing in a county with a population greater than five hundred
thousand shall not be entitled to any overtime charge under subsection (b)(1)
if towing services to consumers are not offered twenty-four hours per day every
day of the week; provided that a towing company shall file their hours of
operation with the police department in a county with a population greater than
five hundred thousand.



(g)  This section shall not apply to a county
that has adopted ordinances regulating towing operations. [L 1973, c 148, pt of
§1; am L 1976, c 91, §1; am L 1977, c 122, §1; am L 1980, c 172, §1 and c 232,
§14; am L 1981, c 82, §20 and c 96, §1; am L 1985, c 180, §1; gen ch 1985; am L
1990, c 165, §2; am L 1991, c 65, §3 and c 144, §1; am L 1992, c 224, §1; am L
1998, c 138, §§1, 3; am L 1999, c 259, §§1, 3; am L 2000, c 260, §2; am L 2001,
c 7, §2; am L 2002, c 59, §1; am L 2003, c 84, §3; am L 2007, c 269, §3; am L
2008, c 135, §1]



 



Cross References



 



  Driver education assessments, see §286G-3.