(A) The Town Manager or his or her designee may immobilize by the use of wheel locks and tow any vehicle for which there are three or more outstanding, unpaid and overdue parking tickets for a period of more than 72 hours. For the purpose of determining whether a vehicle has had issued against it three or more outstanding, unpaid and overdue parking tickets for a period of more than 72 hours, it shall be sufficient if the license plate number of the vehicle and the license plate number of the vehicle having received the tickets are the same.
(B) If a wheel lock is attached to a vehicle, a notice shall be affixed to the windshield or other part of the vehicle so as to be readily visible. The notice shall warn that the vehicle has been immobilized and that any attempt to move the vehicle may result in damage to the vehicle. The city shall not be responsible for any damage to an immobilized illegally parked vehicle resulting from unauthorized attempts to free or move the vehicle. An immobilization fee of $50 shall be charged for the removal of the wheel lock. The notice shall also state the total amount of civil penalties due for parking tickets which are overdue and unpaid and attributable to such vehicle, and the immobilization fee to be charged. The civil penalties and the immobilization fee shall be paid to have the wheel lock removed. The address and telephone number to be contacted to pay such charges to have the wheel lock removed shall also be listed on the notice.
(C) If civil penalties due and the immobilization fee as herein provided are not paid, or satisfactory arrangements in lieu of payment are not made, within 24 hours of the attachment of the wheel lock, such vehicle may be towed to any public or private impoundment lot consistent with existing town policies. If a private contractor tows and stores the vehicle he may impose against the vehicle his customary fees and charges for such services. Once a vehicle has been towed, the Town Manager or his or her designee, shall mail or cause to have mailed, a notice of towing to the registered owner and lienholders, if any are known, at the address or addresses reported to the town by the North Carolina Department of Motor Vehicles.
(D) Upon payment of all civil penalties and overdue and unpaid parking tickets issued for the vehicle and of all other charges authorized by this section, including immobilization, towing, and storage fees, the vehicle shall be released to the owner or any other person legally entitled to claim possession of the vehicle.
(E) All towing and storage charges incurred in connection with impounded vehicles shall constitute a lien upon such vehicles as provided in G.S. § 44A-2.
(F) It shall be unlawful for any person, firm or corporation to remove from a vehicle a wheel lock placed thereon pursuant to this section or to remove from impoundment any vehicle placed therein pursuant to this section without all civil penalties, immobilization fees and other applicable charges having first been paid or an approved payment plan having been made.
(G) The Town Manager is authorized to establish guidelines to adjust the amount of civil penalties imposed pursuant to promote the resolution of any claim against persons with ten or more outstanding delinquent parking tickets.
(Ord. 1414, passed 5-9-02; Am. Ord. 1442, passed 4-24-03; Am. Ord. 1618, passed 2-11-10; Am. Ord. 1835, passed 12-8-21)