2006 Code of Virginia § 46.2-1216 - Removal or immobilization of motor vehicles against which there are outstanding parking violations...

46.2-1216. Removal or immobilization of motor vehicles against which thereare outstanding parking violations; ordinances.

The governing body of any county, city, or town may provide by ordinance thatany motor vehicle parked on the public highways or public grounds againstwhich there are three or more unpaid or otherwise unsettled parking violationnotices may be removed to a place within such county, city, or town or in anadjacent locality designated by the chief law-enforcement officer for thetemporary storage of the vehicle, or the vehicle may be immobilized in amanner which will prevent its removal or operation except by authorizedlaw-enforcement personnel. The governing body of any county having the urbancounty executive form of government and any county, city, or town adjacent tosuch county except any county having the county manager plan of governmentand any city having a 1980 census population of more than 262,000 but lessthan 265,000 may also provide by ordinance that whenever any motor vehicleagainst which there are three or more outstanding unpaid or otherwiseunsettled parking violation notices is found parked upon private property,including privately owned streets and roads, the vehicle may, by towing orotherwise, be removed or immobilized in the manner provided above; providedthat no motor vehicle may be removed or immobilized from property which isowned or occupied as a single family residence. Any such ordinance shallfurther provide that no such vehicle parked on private property may beremoved or immobilized unless written authorization to enforce this sectionhas been given by the owner of the property or an association of ownersformed pursuant to Chapter 4.1 ( 55-79.1 et seq.) or Chapter 4.2 (55-79.39 et seq.) of Title 55 and that the local governing body has providedwritten assurance to the owner of the property that he will be held harmlessfrom all loss, damage, or expense, including costs and attorney's fees, thatmay be incurred as a result of the towing or otherwise of any motor vehiclepursuant to this section. The ordinance shall provide that the removal orimmobilization of the vehicle shall be by or under the direction of, anofficer or employee of the police department or sheriff's office.

Any ordinance shall provide that it shall be the duty of the law-enforcementpersonnel removing or immobilizing the motor vehicle or under whose directionsuch vehicle is removed or immobilized, to inform as soon as practicable theowner of the removed or immobilized vehicle of the nature and circumstancesof the prior unsettled parking violation notices for which the vehicle wasremoved or immobilized. In any case involving immobilization of a vehiclepursuant to this section, there shall be placed on the vehicle, in aconspicuous manner, a notice warning that the vehicle has been immobilizedand that any attempt to move the vehicle might damage it.

Any ordinance shall provide that the owner of an immobilized vehicle, orother person acting on his behalf, shall be allowed at least twenty-fourhours from the time of immobilization to repossess or secure the release ofthe vehicle. Failure to repossess or secure the release of the vehicle withinthat time period may result in the removal of the vehicle to a storage areafor safekeeping under the direction of law-enforcement personnel.

Any ordinance shall provide that the owner of the removed or immobilizedmotor vehicle, or other person acting on his behalf, shall be permitted torepossess or to secure the release of the vehicle by payment of theoutstanding parking violation notices for which the vehicle was removed orimmobilized and by payment of all costs incidental to the immobilization,removal, and storage of the vehicle, and the efforts to locate the owner ofthe vehicle. Should the owner fail or refuse to pay such fines and costs, orshould the identity or whereabouts of the owner be unknown andunascertainable, the ordinance may provide for the sale of the motor vehiclein accordance with the procedures set forth in 46.2-1213.

(1977, c. 666, 46.1-3.02; 1978, c. 282; 1984, c. 64; 1988, c. 520; 1989, c.727; 1990, c. 686.)

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