2006 Code of Virginia § 46.2-1231 - Ticketing, removal, or immobilization of trespassing vehicles by owner or operator of parking or ot...
46.2-1231. Ticketing, removal, or immobilization of trespassing vehicles byowner or operator of parking or other lot or building; charges.
The owner, operator, or lessee of any parking lot, parking area, or parkingspace in a parking lot or area or any part of a parking lot or area, or ofany other lot or building, including any county, city, or town, or authorizedagent of the person having control of such premises may have any vehicleoccupying the lot, area, space, or building without the permission of itsowner, operator, lessee, or authorized agent of the one having the control ofthe premises, removed by towing or otherwise to a licensed garage for storageuntil called for by the owner or his agent if there are posted at allentrances to the parking lot or area signs clearly and conspicuouslydisclosing that such vehicle, if parked without permission, will be removed,towed, or immobilized. Such signs shall, at a minimum, include thenonemergency telephone number of the local law-enforcement agency or thetelephone number of the responsible towing and recovery operator to contactfor information related to the location of vehicles towed from that location.The requirements of this section relating to the posting of signs by anowner, operator, or lessee of any parking lot, parking area or space shallnot apply to localities in which the local governing body has adopted anordinance pursuant to 46.2-1232.
Whenever a trespassing vehicle is removed or towed as permitted by thissection, notice of this action shall forthwith be given by the tow truckoperator to the State Police or the local law-enforcement agency of thejurisdiction from which the vehicle was towed. It shall be unlawful to failto report such tow as required by this section and violation of the reportingrequirement of this section shall constitute a traffic infraction punishableby a fine of not more than $100. Such failure to report shall limit theamount which may be charged for the storage and safekeeping of the towedvehicle to an amount no greater than that charged for one day of storage andsafekeeping. If the vehicle is removed and stored, the vehicle owner may becharged and the vehicle may be held for a reasonable fee for the removal andstorage.
All businesses engaged in towing vehicles without the consent of their ownersshall prominently display (i) at their main place of business and (ii) at anyother location where towed vehicles may be reclaimed a comprehensive list ofall their fees for towing, recovery, and storage services, or the basis ofsuch charges. This requirement to display a list of fees may also besatisfied by providing, when the towed vehicle is reclaimed, a written listof such fees, either as part of a receipt or separately, to the person whoreclaims the vehicle. Charges in excess of those posted shall not becollectable from any motor vehicle owner whose vehicle is towed, recovered,or stored without his consent.
Notwithstanding the foregoing provisions of this section, if the owner orrepresentative or agent of the owner of the trespassing vehicle is presentand removes the trespassing vehicle from the premises before it is actuallytowed, the trespassing vehicle shall not be towed, but the owner orrepresentative or agent of the owner of the trespassing vehicle shall beliable for a reasonable fee, not to exceed $25 or such other limit as thegoverning body of the county, city, or town may set by ordinance, in lieu oftowing.
In lieu of having a trespassing vehicle removed by towing or otherwise, theowner, operator, lessee or authorized agent of the premises on which thetrespassing vehicle is parked may cause the vehicle to be immobilized by aboot or other device that prevents a vehicle from being moved by preventing awheel from turning, provided that the boot or other device does not damagethe vehicle or wheel. The charge for the removal of any boot or device shallnot exceed $25 or such other limit as the governing body of the county, city,or town may set by ordinance. In lieu of having the vehicle removed by towingor otherwise, or in lieu of causing the vehicle to be immobilized, the owner,operator, lessee or authorized agent of the premises on which the trespassingvehicle is parked may cause to have an authorized local government officialor law-enforcement officer issue, on the premises, a notice of the violationof a parking ordinance or regulation created pursuant to 46.2-1220 or 46.2-1221 to the registered owner of the vehicle.
This section shall not apply to police, fire, or public health vehicles orwhere a vehicle, because of a wreck or other emergency, is parked or lefttemporarily on the property of another. The governing body of every county,city, and town may by ordinance set limits on fees and charges provided forin this section.
(Code 1950, 46-541; 1952, c. 352; 1954, c. 435; 1958, c. 541, 46.1-551;1978, cc. 202, 335; 1979, c. 132; 1983, c. 34; 1985, c. 375; 1987, cc. 147,152, 332; 1988, cc. 471, 701; 1989, c. 727; 1990, c. 502; 1991, c. 221; 1993,c. 394; 1994, c. 619; 2003, c. 305; 2006, cc. 874, 891.)
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