(A) This chapter is enacted in furtherance of the town’s authority to define, prohibit, regulate or abate acts, omissions or conditions, detrimental to the health, safety or welfare of its citizens and the peace and dignity of the town, as granted per G.S. § 160A-174, and its authority to regulate and license occupations, businesses and trades, and prohibit those that may be inimical to the public health, welfare, safety, order or convenience, as granted per G.S. § 160A-194(a).
(B) This chapter is applicable to any trespass tow or booting that takes place for compensation in a private parking lot in the town limits, except as provided in division (D) below.
(C) No towing company may engage in any trespass tow from a private parking lot in the town limits or charge any fee in connection therewith, and no booting service may immobilize a vehicle in a private parking lot in the town limits or charge any fee in connection therewith, unless the trespass tow or booting complies with all requirements of this chapter.
(D) This chapter is not intended to limit, modify or abrogate:
(1) The authority of police, Fire Department or other public officers to direct the towing or immobilization of a motor vehicle as authorized by other provisions of the town code or state law;
(2) The towing of vehicles encroaching into areas clearly designated as fire lanes; or
(3) A property owner’s right to tow vehicles blocking clearly designated areas of ingress and/or egress or right to tow vehicles blocking access to a dumpster so long as signage conspicuously warns that a vehicle blocking access to the dumpster is subject to towing.
(E) This chapter does not limit other legal remedies that a property owner may have against a person trespassing on private property, but only applies to and limits the use of trespass towing and booting as specified herein.
(Ord. passed - -2018)