The provisions of § 10.99 apply to violations of this chapter except as specifically provided otherwise in this section.
(A) (1) Any person trespass tow or booting conducted in violation of a requirement of this chapter shall subject the responsible towing company, booting service, and/or subcontractor responsible for said violation to a civil penalty in the amount of $100. In the event there is more than one violation within any one-year period by the same towing company, booting service, or subcontractor, then the civil penalty shall be increased for each additional violation over one during such period, as follows.
(a) Second offense within one year: $250.
(b) Third offense within one year: $500.
(c) Fourth offense within one year: $750.
(d) Fifth and any subsequent offense within one year: $1,000.
(2) Once the one-year period has run from the first violation, the next violation shall be considered to be a first violation for the purposes of establishing a new one-year period.
(B) This chapter may also be enforced by an appropriate equitable action.
(C) This chapter may also be enforced by the lawful order of a law enforcement officer, who may, by way of example only, order that a tow connection be undone or boot be removed without charge to the vehicle operator and/or that a collected charge be refunded. Failure to comply with such order of a law enforcement officer shall constitute a separate and distinct violation of this chapter subject to additional citation.
(D) Per G.S. § 160A-175(f), any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this chapter.
(Ord. passed 12-15-2016; Ord. passed 11-16-2021; Ord. passed 6-28-2023)