[Ord. No. 03-08, 5-27-2003]
Unless a different meaning is required by the context, the following
terms, as used in this article, shall have the meanings hereinafter
ascribed to them:
Any motor vehicle, as defined in Code of Virginia, § 46.2-100,
which does not exceed 11,000 pounds.
Any motor vehicle used to tow another motor vehicle.
Any licensed driver, over the age of 18, who is employed
and authorized by a tow truck service to remove by towing any trespassing
vehicle from private property or to immobilize any such vehicle.
Any person engaged in the business of removing or towing
motor vehicles from private property without the consent the owner
or custodian of the vehicle.
[Ord. No. 03-08, 5-27-2003]
[Ord. No. 03-08, 5-27-2003; Ord. No. 12-18, 8-14-2012]
A.
It shall be unlawful for any person to remove, immobilize, or tow
a motor vehicle or trailer from private property or to direct another
person to remove, immobilize, or tow a motor vehicle or trailer from
private property without first obtaining the permission of the owner
of the motor vehicle or trailer, the owner, lessee, custodian, or
other person lawfully in charge of the private property, or a law
enforcement officer.
B.
No owner, lessee, custodian, or other person lawfully in charge of
any private parking lot or parking area or space therein, or of any
other private lot or building shall have any motor vehicle occupying
such lot, area, space, or building without the permission of such
property owner, lessee, custodian, or other person lawfully in charge
of the premises removed by a tow truck service except in accordance
with the provisions of this article.
C.
No tow truck service or operator shall charge a recovery fee or initial
towing fee of more than the $135 for towing any motor vehicle from
a private parking lot or parking area or space therein, or from any
other private lot or building. For towing a vehicle between 7:00 p.m.
and 8:00 a.m. or on any Saturday, Sunday, or holiday, an additional
fee of no more than $25 per instance may be charged, provided that
in no event shall more than two such additional fees be charged for
towing any vehicle. Such recovery or initial towing fee shall include
the storage fee for up to the first 24 hours from the time of removal
from the property and shall not exceed $30 for each subsequent twenty-four-hour
period or any portion thereof. No tow truck operator or tow truck
service shall charge any fee for mileage or any other fee in addition
to the fees set forth in this section. Recovery and storage fees shall
be reviewed at least every two years by the towing advisory board
and any suggested changes shall be forwarded to the Council for its
review.
[Amended 2-9-2021 by Ord. No. 21-02]
D.
All motor vehicles towed pursuant to this article shall be removed
or towed to a lawfully operated garage or storage facility located
within the boundaries of the City and open for the retrieval of vehicles
by their owners on a twenty-four-hour-per-day basis. All storage facilities
must be secured.
E.
Notwithstanding any other provision of this article to the contrary,
if the owner or custodian of the trespassing vehicle is present and
seeks to remove it before it is actually towed from the premises,
the trespassing vehicle shall not be towed, but the owner or custodian
of the vehicle shall be liable to the tow truck operator for a reasonable
fee, not to exceed $25, in lieu of towing.
F.
The tow truck operator must obtain and retain time stamped photographs
or other documentary evidence substantiating the reason for the removal
of the vehicle.
[Ord. No. 03-08, 5-27-2003]
In lieu of having a trespassing vehicle removed by towing or
otherwise, the owner, lessee, custodian, or other person lawfully
in charge of the premises on which the trespassing vehicle is parked
may cause the vehicle to be immobilized by a boot or other device
that prevents a vehicle from being moved by preventing a wheel from
turning, provided that the boot or other device does not damage the
vehicle or wheel. The charge for the removal of any boot or other
device shall not exceed $25.
[Ord. No. 03-08, 5-27-2003; Ord. No. 12-18, 8-14-2012]
A.
It shall be unlawful for any owner, lessee, custodian, or other person
lawfully in charge of the premises on which trespassing vehicles are
located to have such vehicles removed from the premises or immobilized
by a boot or other device unless there are posted at all entrances
and exits from the parking lot or area clearly legible and identical
signs, visible and unobstructed day and night upon entering or exiting
the parking area, that:
(1)
Are 18 inches wide and 24 inches tall;
(2)
Contain a pictorial symbol of a tow truck;
(3)
State, in lettering at least one inch in height:
"PRIVATE PARKING" or "CUSTOMER PARKING ONLY "[NAME OF BUSINESS
OWNER]' "TOWING ENFORCED". If applicable, the sign shall state "TOWING
ENFORCED 24 HOURS."
(4)
Contain the name of the tow truck service and its telephone number,
where the owner of the vehicle may call for information concerning
its retrieval; and
(5)
Are printed with red and white lettering on a reflective background;
B.
The provisions of this section shall not apply to any parcel of property
used primarily as a single-family or duplex dwelling.
C.
The Chief of Police or his designee may require additional signage
in writing when, due to the angle of the entrance sign, the grade
of the road compared to the grade of the lot or area, the angle of
the entrance driveway, the size of the parking lot or area, the number
of entrances to the parking lot, or other circumstances, the entrance
sign does not provide adequate notice to motorists that trespassing
vehicles will be towed.
[Ord. No. 03-08, 5-27-2003]
A.
Prior to the actual removal of any vehicle from a private parking
lot or parking area pursuant to this article, the tow truck operator
shall notify the City Police Department. The tow truck operator shall
provide the police dispatcher with the following information:
(1)
The name of the tow truck service and the tow truck operator;
(2)
The address or location from which the vehicle is being towed;
(3)
The location of the garage or storage facility to which the vehicle
is being towed, with a telephone number which the owner of the vehicle
may call for information concerning its retrieval; and
(4)
The license number, the state of issuance, and, if known, the vehicle
identification number of the vehicle being towed and the make, model
and year of the vehicle.
B.
It shall be unlawful for any tow truck operator to fail to report
a tow as required by this section. A violation of this section shall
constitute a traffic infraction punishable by a fine of not more than
$100. In addition, the failure to report such tow shall limit the
amount that may be charged by the tow truck service for the storage
and safekeeping of the towed vehicle to $20.
[Ord. No. 03-08, 5-27-2003; Ord. No. 12-18, 8-14-2012]
All businesses engaged in towing vehicles without the consent
of their owners within the City shall prominently display at their
main place of business and at any garage or storage facility within
the City from which towed vehicles are retrieved a comprehensive list
of all their fees for towing, recovery, and storage services, or the
basis of such charges. They shall also prominently display at the
same places the nonemergency telephone number of the Fredericksburg
Police Department and the Consumer Complaint phone number of the Virginia
Attorney General's Office. Charges in excess of those posted shall
not be collectable from any vehicle owner whose vehicle is towed,
recovered, or stored without his consent.
[Ord. No. 03-08, 5-27-2003; Ord. No. 12-18, 8-14-2012]
Except as otherwise specifically provided, any violation of
this article shall be punishable by a fine not to exceed $1,500.
