In compliance with the policy of the Police Department, the following procedure shall be followed by all Police Department personnel when they have a vehicle towed or stored.
(a) The officer causing the vehicle to be towed or stored shall:
(1) Complete the storage/towed vehicle report at the scene prior to the vehicle being towed or stored;
(2) Fill in all available information, including the towing vehicle driver’s name, on the front part of the stored/towed vehicle report; and
(3) Conduct a complete inventory of all items in the vehicle (i.e. C.B. radios, tape decks, tools and all other items of value). Make note if AM/FM radio or spare tire is missing, or if there is any damage to the vehicle’s interior or exterior:
a. If the vehicle is locked, if possible, open the vehicle, inventory all items inside, including the trunk. If a crime has been committed, all loose items of value shall be turned in to the evidence technician as evidence, otherwise for safekeeping;
b. If the vehicle is locked and cannot be opened, list all items that can be seen from the outside of the vehicle to be stored or towed;
c. Have the towing vehicle (wrecker) driver verify and sign the inventory. Provide a copy of inventory to the towing firm; and
d. When applicable, the officer will issue a parking citation to each towed vehicle and attach to the stored/towed vehicle report.
(b) When an officer finds that an illegally parked vehicle cannot be identified by registration or by VIN, the officer shall place on the windshield, or other conspicuous place, a notice that the vehicle will be towed in seven days if not removed prior to that time. After the seven-day period has expired, the officer may have the vehicle towed. Notice by posting on the windshield or other conspicuous place need not be given when the vehicle is impeding the flow of traffic or otherwise jeopardizing the public welfare so that immediate towing is necessary.
(c) The officer causing the vehicle to be towed or stored shall turn the report into the records center at the first opportunity.
(d) If the vehicle is registered in the state, the officer must, within 24 hours after the towing, notify the owner by telephone and provide the following:
(1) A description of the vehicle;
(2) The location of vehicle storage;
(3) The violation with which the owner is charged, if any;
(4) The procedure that the owner must follow to have the vehicle returned; and
(5) The procedure that the owner must follow to request a probable-cause hearing about the towing.
(e) If the vehicle has an out-of-state registration, the notice must be given to the owner within 72 hours.
(f) If the owner of the vehicle does not have a telephone, or contact cannot be made by telephone, no further attempts are required. However, this shall be noted in the remarks section of the stored/towed vehicle report.
(g) Pursuant to G.S. § 20-219.11, if the owner of the vehicle requests a hearing on the probable cause of the towing, he or she shall be requested to contact the Magistrate to make the arrangements. The Magistrate shall then have 72 hours to set up a hearing to determine if the officer had probable cause for the towing. If a hearing is requested, the magistrate shall notify the owner of the vehicle, the law enforcement officer and the person who towed the vehicle of the time, date and location of the hearing.
(h) If the Magistrate finds probable cause in the hearing for vehicle towing, the owner is responsible for towing fees to be paid to the tower. If the magistrate finds that there is not probable cause for towing, the officer and the agency are responsible for paying the towing fees.
(i) Release of the stored/towed vehicle when:
(1) The stored/towed vehicle is marked “safekeeping:”
a. The owner shall be required to come to the records center with the proof of ownership of the vehicle and obtain a written release.
b. The stored/towed vehicle shall be pulled from the stored vehicle file, a copy of the release form shall be attached to the back and all copies placed in the released vehicle file.
(2) The stored/towed vehicle report is marked “Hold” (meaning the vehicle is being held for investigation, evidence and the like), and only the storing officer may sign the release form.
(j) A report shall not have to be made for request tow.
(k) The completion of the stored/towed vehicle report in no way diminishes the requirement of making stolen or recovered vehicle reports and investigative reports.
(Ord. passed 6-5-1991)