IMMOBILIZATION OF VEHICLES.

Raleigh City Code § 11-2216

in effect

Sec. 11-2216. - IMMOBILIZATION OF VEHICLES. (a) The City Manager or Manager's designee may immobilize by the use of a device or equipment, as provided in this article, and tow and impound any vehicle which is illegally parked in violation of article J or article K of Part 11 of this Code, and for which there are three (3) or more outstanding, unpaid, and overdue parking citations for a period of ninety (90) days. For the purpose of determining whether an illegally parked vehicle has had issued against it three (3) or more outstanding, unpaid, and overdue parking citations for a period of ninety (90) days, it shall be sufficient if the license plate number of the illegally parked vehicle and the license number of the vehicle having received the citations are the same. (b) If an immobilization device is attached to a vehicle, a notice shall be affixed to the driver's side window 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 notice shall also state the total amount of civil penalties due for parking citations which are overdue and unpaid and attributable to such vehicle, and the immobilization fee to be charged. The address and telephone number to be contacted to pay the charges to have the immobilization device removed shall also be listed. (c) If civil penalties due and an immobilization fee as herein provided are not paid, or satisfactory arrangements in lieu of payment are not made, within twenty-four (24) hours of the attachment of the immobilization device, such vehicle may be towed and impounded to any public or private impoundment lot. The vehicle may be towed immediately if an immobilization device is damaged after it is applied or if such device is at risk of imminent damage or illegal removal. 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 impounded, the Director shall mail a notice of impoundment to the registered owner and lienholders, if any are known, at the address or addresses reported to the City by the North Carolina Department of Motor Vehicles. (d) Upon payment of all civil penalties and overdue and unpaid parking citations issued for the vehicle and of all other charges authorized by this section, including immobilization, towing, impoundment fees, and repair or replacement of immobilization devices, the vehicle shall be released to the owner or any other person legally entitled to claim possession of the vehicle upon presentation of a valid driver's license. (e) The owner or other person entitled to possession of the vehicle which has been immobilized pursuant to this section may submit a request for hearing to the Director by certified mail or personal delivery within seven (7) days from the receipt of the notice provided for in subsection (c) hereinabove. If a hearing is requested, a statement shall be sent to the requesting party to inform him of the time and place of the hearing, of the basis of the vehicles immobilization and impoundment, of the rules governing conduct of the hearing, of the right to present evidence as to why the vehicle should not have been immobilized or towed, and of the right to be represented by counsel. The hearing officer shall prepare a written report of his findings within three (3) days of the hearing. The report shall state his conclusion as to whether the vehicle was properly immobilized and towed, and the reasons underlying his conclusion. If it is concluded that the vehicle was improperly immobilized or towed, then any improper charges shall be canceled, or if paid, rebated. (f) The City of Raleigh 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 fifty dollars ($50.00) shall be charged for the removal of the immobilization device. (g) Unless authorized to do so in writing by the Parking Manager or Manager's designee, it shall be unlawful for any person to: (1) remove or attempt to remove from a vehicle an immobilization device placed thereon pursuant to this section; (2) remove from impoundment any vehicle placed therein pursuant to this section without all civil penalties and applicable charges having first been paid or an approved payment plan having been made; (3) tamper with an immobilization device after it has been installed on a vehicle; (4) remove the immobilization device or the wheel to which it is attached; or (5) tow the vehicle with the immobilization device affixed. (h) A person who violates this subsection (g) above shall pay a civil penalty of one hundred dollars ($100.00) and the City may also pursue injunctive relief and other equitable remedies against a violator. (i) Any person who knowingly damages an immobilization device after it has been installed on a vehicle shall also pay an additional civil penalty of five hundred fifty dollars ($550.00), in addition to the cost of repair or replacement of any damage immobilization device. (j) The City Manager is authorized to establish guidelines to adjust the amount of civil penalties imposed pursuant to this section to promote the resolution of any claim against persons with ten (10) or more outstanding delinquent parking citations. (Ord. No. 1995-714, §1, 9-5-95; Ord. No. 2019-25, §1, 11-19-19)

Source: City of Raleigh, North Carolina, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/nc/raleigh/codes/code_of_ordinances?nodeId=DIVIICOGEOR_PT11TR_CH2MOVETR_ARTKPAME_S11-2216IMVEFetched: 11/1/2026