Sec. 25-267. Removal and disposition of vehicles unlawfully parked on private or city property.
As authorized by Section 46.2-1232 of the Code of Virginia, it shall be lawful for any owner, operator or lessee of any parking lot or parking area or space therein, or part thereof, or of any other lot or building, including the city, or authorized agent of the person having control of such premises, to have any motor or other vehicle, occupying such lot, area, space or building, or part thereof, without the permission of such owner, operator, lessee or authorized agent of the one having the control of such premises removed, by towing or otherwise, to a licensed garage for storage until called for by the owner or his agent; provided, that notice of such action shall be first or simultaneously therewith given to at least one (1) of the local law enforcement officers; provided further, that in the event of such removal and storage the owner of the vehicle involved shall be chargeable with and such vehicle may be held for a reasonable charge for its removal and storage. All businesses engaged in towing vehicles without the consent of their owners shall prominently display at their main place of business a comprehensive list of all their fees for towing, recovery and storage services, or the basis of such charges. Charges in excess of those posted shall not be collectable from any motor vehicle owner whose vehicle is towed, recovered or stored without his consent. However, notwithstanding the foregoing provisions of this section, if the owner of the trespassing vehicle is present and removes the trespassing vehicle from the premises before it is actually towed, the trespassing vehicle shall not be towed, but the owner of the trespassing vehicle shall be liable for a reasonable fee not to exceed fifty dollars ($50.00) in lieu of towing.
In lieu of having such vehicle removed by towing or otherwise, it shall be lawful for such owner, operator, lessee or authorized agent, including the city, to cause the vehicle to be immobilized by a boot or other device that prevents the vehicle from being moved by preventing a wheel from turning; provided such boot or other device is of a design that does no damage to the vehicle or wheel; and provided further, that the charge for the removal of such boot or device shall not exceed fifty dollars ($50.00). In lieu of having such vehicle removed by towing or otherwise, or in lieu of causing the vehicle to be immobilized, it shall be lawful for such owner, operator, lessee or authorized agent to cause to request a duly authorized police officer to issue on such premises a notice of a violation of Section 25-257 of the city code to the registered owner of such vehicle.
This section shall not apply to city or state owned vehicles or where a vehicle shall, because of a wreck or other emergency, be parked or left temporarily upon the property of another. (Code 1959, § 20-149; Ord. No. O-88-013, § 1, 1-26-88; Ord. No. O-09-123, 10-13-09, eff. 1-1-10)
Last updated date: 1/4/2010 7:54:18 AM