§290-11  Vehicles left unattended on privateand public property; sale or disposition of abandoned vehicles.  (a) Notwithstanding any other provision of this chapter, any vehicle leftunattended on private or public property without authorization of the owner oroccupant of the property, may be towed away at the expense of the owner of thevehicle, 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 theproperty without authorization.  The notice shall state that the vehicle willbe 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 towedand held.  The notice shall be of such size and be placed in a location that isclearly visible to the driver of a vehicle approaching any individual marked orunmarked parking space; provided that where an entire parking lot consists ofrestricted parking spaces, placement of the notice at each entrance of theparking 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 atow using a dolly, plus a mileage charge of $7.50 per mile towed and $25 perday or fraction thereof for storage for the first seven days and $20 per daythereafter.  When the tow occurs between the hours of six o'clock p.m. and sixo'clock a.m., from Monday through Thursday and from six o'clock p.m. Friday to sixo'clock a.m. Monday, the towing company shall be entitled to an overtime chargeof $15.  If the vehicle is in the process of being hooked up or is hooked up tothe tow truck and the owner appears on the scene, the towing company shallunhook 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 amultilevel facility, a towing surcharge of $30 shall be applicable;

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

(A)  The maximum towing charges and feesallowed by law;

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

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

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

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

(A)  The maximum towing charges and feesallowed by law; and

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

(4)  Accommodate payment by the owner for charges underparagraph (1) by cash and by either credit card or automated teller machinelocated on the premises.

(c)  When a vehicle is not recovered withinthirty days after the mailing of the notice, it shall be deemed abandoned andthe owner of the towing company, or the owner of the towing company'sauthorized representative, after one public advertisement in a newspaper ofgeneral circulation in the State, may negotiate a sale of the vehicle ordispose of it as junk.

(d)  The authorized seller of the vehicle shallbe entitled to the proceeds of the sale to the extent that compensation is duethe authorized seller for services rendered in respect to the vehicle,including reasonable and customary charges for towing, handling, storage, andthe cost of the notices and advertising required by this part.  Any remainingbalance shall be forwarded to the legal or registered owner of the vehicle ifthe legal or registered owner can be found.  If the legal or registered ownercannot be found, the balance shall be deposited with the director of finance ofthe State and shall be paid out to the legal or registered owner of the vehicleif a proper claim is filed therefor within one year from the execution of thesales agreement.  If no claim is made within the year allowed, the money shallbecome a state realization.

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

(f)  Notwithstanding any law or ordinance tothe contrary, including subsection (g), and section 46-20.5, any towing companyengaged in towing in a county with a population greater than five hundredthousand 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 everyday of the week; provided that a towing company shall file their hours ofoperation with the police department in a county with a population greater thanfive hundred thousand.

(g)  This section shall not apply to a countythat 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 L1990, c 165, §2; am L 1991, c 65, §3 and c 144, §1; am L 1992, c 224, §1; am L1998, 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 L2008, c 135, §1]

 

Cross References

 

  Driver education assessments, see §286G-3.