(a) Notice to police. A towing company shall notify the Police Department within one hour after towing or removing a vehicle and shall provide the following information:
(1) a description of the vehicle, including the license plate information and the vehicle identification number;
(2) the date and time the vehicle was towed or removed;
(3) the reason the vehicle was towed or removed; and
(4) the locations from which and to which the vehicle was towed or removed.
(b) Notice to owner. A towing company shall notify a towed vehicle's owner and the vehicle's insurer of record by certified mail, return receipt requested, and by first class mail within seven days after towing or removing the vehicle, and shall provide the same information as set forth in subsection (a). The towing company shall also provide to the owner, any secured party, and the insurer of record the itemized actual costs of providing notice under this section if the vehicle is redeemed more than 48 hours after receipt at the storage facility.
(c) Parking lot and private road owner authorization. Before towing or removing a vehicle from a parking lot or private road, the towing company shall have authorization from the parking lot owner or operator, the agent of the owner or operator, or the duly designated agent of a community in which there are private roads, which shall include the name of the person authorizing the tow or removal and a statement that the vehicle is being towed or removed at the request of the parking lot or private road owner or operator or the agent of the owner or operator. If the signs required by § 11-16-402(a) state that parking is prohibited without a permit displayed on the vehicle, and if the parking lot is gated with restricted access, the parking lot owner or operator, the agent of the owner or operator, or the duly designated agent of the community in which the parking lot is located may provide a blanket authorization to their contractual towing company to tow or remove all vehicles parked without a permit.
(d) Photographic evidence required. Before towing or removing a vehicle from a parking lot or private road, the towing company must have photographic evidence of the violation or event that gave rise to the vehicle being towed or removed.
(e) Payment to spotters and parking lot or private road owners. A towing company may not employ or compensate any individuals, commonly referred to as "spotters", whose primary task is to report the presence of unauthorized parked vehicles for the purposes of towing or removal and impounding. A towing company may not compensate or pay any remuneration to the owner, agent, or employee of a parking lot or private road. A towing company may not deploy, cause the deployment of, or utilize any form of electronic surveillance to take the place of or function as a "spotter".
(f) Towing for failure to display registration. A towing company may not tow a vehicle solely for failing to display a valid current registration until 72 hours after a notice of violation is placed on the vehicle.
(g) Drop fees and release of vehicle. Before a vehicle is removed from a parking lot or private road, the tower who possesses the vehicle shall release the vehicle to the owner, or an agent of the owner, upon request and upon a payment of a drop fee to the tower not to exceed 50% of the cost of a full tow.
(h) Handicapped registration. A towing company may not tow a vehicle with a valid handicapped registration without the authorization of an officer in the Police or Fire Department.
(i) Blocking of vehicles. A towing company may not block a vehicle to obtain payment and shall release a vehicle if ordered to do so by the police.
(j) Compliance with Federal and State towing law. A towing company shall comply with all towing requirements listed in Federal and State law.
(Bill No. 52-13; Bill No. 71-18; Bill No. 83-19)