Article 11.--ABANDONED AND DISABLED MOTOR VEHICLES
8-1103.Towed motor vehicles, lien thereon;
procedure; personal property;
providing notice of fee; city ordinance or county resolution.
(a) Whenever any person providing wrecker or towing service, as
defined by law, while lawfully in possession of a vehicle, at the direction
of a law enforcement officer or the owner or as provided by a city ordinance
or county resolution, renders any service to the owner
thereof by the recovery, transportation, protection, storage or safekeeping
thereof, a first and prior lien on the vehicle is hereby created in favor
of such person rendering such service and the lien shall amount to the full
amount and value of the service rendered. The lien may be foreclosed in
the manner provided in this act. If
the name of the owner of the vehicle is known to the person in possession
of such vehicle, then within 15 days, notice shall be given to the owner
that the vehicle is being held subject to satisfaction of the lien.
Any vehicle remaining in the possession of
a person providing wrecker or towing service for a period of
30 days after
such wrecker or towing service was provided may be sold to
pay the reasonable or agreed charges for such recovery, transportation,
protection, storage or safekeeping of such vehicle and personal property
therein, the costs of such sale, the
costs of notice to the owner of the vehicle and publication after giving the
notices required by
this act, unless a court order has been issued to hold such vehicle for the
purpose of a criminal investigation or for use as evidence at a trial. If a
court orders any vehicle to be held for the purpose of a
criminal investigation or for use as evidence at a trial, then such order
shall be in writing, and the court shall assess as costs the reasonable or
agreed charges for the protection, storage or safekeeping accrued while the
vehicle was held pursuant to such written order. Any personal property
within the vehicle need not be released to the owner thereof
until the reasonable or agreed charges for such recovery, transportation or
safekeeping have been paid, or satisfactory arrangements for payment have been
made, except
as provided under subsection (c) or for
personal medical supplies which shall be released to the owner
thereof upon
request. The person in possession of such vehicle
and personal property shall be responsible only for the reasonable care of
such property. Any personal property within the vehicle not
returned to the
owner shall be sold at the auction authorized by this act.
(b) At the time of providing wrecker or towing service, any person
providing such wrecker or towing service shall give written
notice to the driver, if available, of the vehicle being towed that a fee will
be
charged for storage of such vehicle. Failure to give such written notice shall
invalidate any lien established for such storage fee.
(c) A city ordinance or county resolution authorizing the towing of
vehicles
shall specify in such ordinance or resolution: (1) The maximum rate such
wrecker or towing service may charge for
such wrecker or towing service and storage fees; (2) that an owner of
a vehicle towed shall have access to personal property in such vehicle
for 48 hours after such vehicle
has been towed and such personal property shall be released to the owner; and
(3) that the
wrecker or towing service shall report the location
of such vehicle to local law enforcement within two hours of such tow.
History: L. 1987, ch. 209, § 1;
L. 1991, ch. 40, § 1;
L. 2000, ch. 179, § 12;
L. 2004, ch. 37, § 2;
L. 2009, ch. 119, § 9; July 1.
Article 11.--ABANDONED AND DISABLED MOTOR VEHICLES
8-1103.Towed motor vehicles, lien thereon;
procedure; personal property;
providing notice of fee; city ordinance or county resolution.
(a) Whenever any person providing wrecker or towing service, as
defined by law, while lawfully in possession of a vehicle, at the direction
of a law enforcement officer or the owner or as provided by a city ordinance
or county resolution, renders any service to the owner
thereof by the recovery, transportation, protection, storage or safekeeping
thereof, a first and prior lien on the vehicle is hereby created in favor
of such person rendering such service and the lien shall amount to the full
amount and value of the service rendered. The lien may be foreclosed in
the manner provided in this act. If
the name of the owner of the vehicle is known to the person in possession
of such vehicle, then within 15 days, notice shall be given to the owner
that the vehicle is being held subject to satisfaction of the lien.
Any vehicle remaining in the possession of
a person providing wrecker or towing service for a period of
30 days after
such wrecker or towing service was provided may be sold to
pay the reasonable or agreed charges for such recovery, transportation,
protection, storage or safekeeping of such vehicle and personal property
therein, the costs of such sale, the
costs of notice to the owner of the vehicle and publication after giving the
notices required by
this act, unless a court order has been issued to hold such vehicle for the
purpose of a criminal investigation or for use as evidence at a trial. If a
court orders any vehicle to be held for the purpose of a
criminal investigation or for use as evidence at a trial, then such order
shall be in writing, and the court shall assess as costs the reasonable or
agreed charges for the protection, storage or safekeeping accrued while the
vehicle was held pursuant to such written order. Any personal property
within the vehicle need not be released to the owner thereof
until the reasonable or agreed charges for such recovery, transportation or
safekeeping have been paid, or satisfactory arrangements for payment have been
made, except
as provided under subsection (c) or for
personal medical supplies which shall be released to the owner
thereof upon
request. The person in possession of such vehicle
and personal property shall be responsible only for the reasonable care of
such property. Any personal property within the vehicle not
returned to the
owner shall be sold at the auction authorized by this act.
(b) At the time of providing wrecker or towing service, any person
providing such wrecker or towing service shall give written
notice to the driver, if available, of the vehicle being towed that a fee will
be
charged for storage of such vehicle. Failure to give such written notice shall
invalidate any lien established for such storage fee.
(c) A city ordinance or county resolution authorizing the towing of
vehicles
shall specify in such ordinance or resolution: (1) The maximum rate such
wrecker or towing service may charge for
such wrecker or towing service and storage fees; (2) that an owner of
a vehicle towed shall have access to personal property in such vehicle
for 48 hours after such vehicle
has been towed and such personal property shall be released to the owner; and
(3) that the
wrecker or towing service shall report the location
of such vehicle to local law enforcement within two hours of such tow.
History: L. 1987, ch. 209, § 1;
L. 1991, ch. 40, § 1;
L. 2000, ch. 179, § 12;
L. 2004, ch. 37, § 2;
L. 2009, ch. 119, § 9; July 1.
Article 11.--ABANDONED AND DISABLED MOTOR VEHICLES
8-1103.Towed motor vehicles, lien thereon;
procedure; personal property;
providing notice of fee; city ordinance or county resolution.
(a) Whenever any person providing wrecker or towing service, as
defined by law, while lawfully in possession of a vehicle, at the direction
of a law enforcement officer or the owner or as provided by a city ordinance
or county resolution, renders any service to the owner
thereof by the recovery, transportation, protection, storage or safekeeping
thereof, a first and prior lien on the vehicle is hereby created in favor
of such person rendering such service and the lien shall amount to the full
amount and value of the service rendered. The lien may be foreclosed in
the manner provided in this act. If
the name of the owner of the vehicle is known to the person in possession
of such vehicle, then within 15 days, notice shall be given to the owner
that the vehicle is being held subject to satisfaction of the lien.
Any vehicle remaining in the possession of
a person providing wrecker or towing service for a period of
30 days after
such wrecker or towing service was provided may be sold to
pay the reasonable or agreed charges for such recovery, transportation,
protection, storage or safekeeping of such vehicle and personal property
therein, the costs of such sale, the
costs of notice to the owner of the vehicle and publication after giving the
notices required by
this act, unless a court order has been issued to hold such vehicle for the
purpose of a criminal investigation or for use as evidence at a trial. If a
court orders any vehicle to be held for the purpose of a
criminal investigation or for use as evidence at a trial, then such order
shall be in writing, and the court shall assess as costs the reasonable or
agreed charges for the protection, storage or safekeeping accrued while the
vehicle was held pursuant to such written order. Any personal property
within the vehicle need not be released to the owner thereof
until the reasonable or agreed charges for such recovery, transportation or
safekeeping have been paid, or satisfactory arrangements for payment have been
made, except
as provided under subsection (c) or for
personal medical supplies which shall be released to the owner
thereof upon
request. The person in possession of such vehicle
and personal property shall be responsible only for the reasonable care of
such property. Any personal property within the vehicle not
returned to the
owner shall be sold at the auction authorized by this act.
(b) At the time of providing wrecker or towing service, any person
providing such wrecker or towing service shall give written
notice to the driver, if available, of the vehicle being towed that a fee will
be
charged for storage of such vehicle. Failure to give such written notice shall
invalidate any lien established for such storage fee.
(c) A city ordinance or county resolution authorizing the towing of
vehicles
shall specify in such ordinance or resolution: (1) The maximum rate such
wrecker or towing service may charge for
such wrecker or towing service and storage fees; (2) that an owner of
a vehicle towed shall have access to personal property in such vehicle
for 48 hours after such vehicle
has been towed and such personal property shall be released to the owner; and
(3) that the
wrecker or towing service shall report the location
of such vehicle to local law enforcement within two hours of such tow.
History: L. 1987, ch. 209, § 1;
L. 1991, ch. 40, § 1;
L. 2000, ch. 179, § 12;
L. 2004, ch. 37, § 2;
L. 2009, ch. 119, § 9; July 1.