§ 10-1-54. Impounding of vehicles.

(a)

The following enumerated sections have been enacted for the protection of the public health, to afford maximum fire protection, and to alleviate dangerous traffic congestion:

(1)

The section prohibiting the parking of a vehicle within 15 feet of a fire hydrant.

(2)

The section prohibiting the parking of a vehicle between the hours of 1:00 a.m. and 6:00 a.m.

(3)

The section prohibiting the parking of a vehicle in front of or in the entrance to a public or private alley.

(4)

The section prohibiting the parking of a vehicle in commercial and passenger loading zones and established for the purpose of alleviating dangerous traffic congestion.

(5)

The section prohibiting the parking of a vehicle in special traffic lanes during specified time periods and established for the purpose of alleviating dangerous traffic congestion.

(6)

The apparent abandonment of vehicles on the streets within the fire limits of the city, or on property owned or operated by the city, for a period of 48 hours or within any other section of the city for a period of three (3) days.

(7)

The parking of a vehicle within 25 feet of a street intersection in violation of the General Statutes of North Carolina.

(8)

Section 10-1-156 prohibiting parking in certain places and under certain conditions.

(9)

At any place where pavement markings or signs indicate that stopping, standing or parking is prohibited.

(10)

The section prohibiting the parking or driving of vehicles upon medians.

(11)

Law enforcement officers of the city or other city officials designated by the director of police services shall impound or cause to be impounded any vehicle or vehicles found parked on the streets, alleys, or rights-of-way or off-street parking facilities of the city in violation of those sections of this chapter heretofore set forth in this section.

(b)

In order to carry out the intent of this chapter, the law enforcement officers or designated officials are hereby authorized, and it shall be the duty of said officers or officials to either tow and store such vehicles in a suitable place provided by the city or to make arrangements with wrecker companies who have entered into a contract with the city to tow any vehicle impounded by authority of this chapter to its place of business and to store such vehicle until the owner, or person entitled to the possession thereof claims such vehicle. All costs incident to towing and storage shall be paid by the owner or person entitled to the possession thereof. The costs of towing and storing such vehicle shall be as fixed from time to time by contract between the city and wrecker company. In the event the owner, or person in possession, of the vehicle should appear after the law enforcement officer has called for towing equipment and before such towing equipment has performed any labor incident to the removal of the vehicle a fee less than the full towing fee may be charged as fixed from time to time by contract between the city and the wrecker company. When any work has been performed incident to removal, the full towing fee may be charged. In the event the city should operate towing storage service, any fees collected by the city under the provisions of this section shall be used for the enforcement of this chapter and shall be paid into the general fund of the city. The charges provided for in this section are for services and shall be in addition to any penalty or costs provided for violation of city traffic ordinances. Notice shall be sent to owner (see section 10-1-198).

(c)

Notification shall be sent to the owner of any vehicle towed and impounded as provided in section 10-1-198.

(d)

Notwithstanding the provisions of this section, the city manager may, enter into an exclusive contract with one (1) or more persons engaged in the towing and storage of motor vehicles, to remove the vehicles described herein from the public streets and alleys and other public places under the control of the city on such terms and conditions as may be mutually agreed upon. The contract so made shall be in writing; shall specify the charges to be made for towing and storage and shall require the person entering into the contract for the towing and storage of such vehicles to perform the service in a manner satisfactory to the city manager and shall provide for the forfeiture of the contract in the event of a violation of any of the provisions of the contract of any other rules or regulations promulgated pursuant to it or of any subsection of this section which may be incorporated in and made a part of the contract. The contract shall further provide that the city shall not be obligated to the person undertaking the towing and storage of such vehicles for any damages or charges which may be incurred in the performance of the obligation assumed by him but that charge shall be collected solely from the owner of the vehicle involved.

(Code 1958, § 19-41)

Cross reference

Impoundment of illegally parked vehicles, § 10-1-196 et seq.