Sec. 25-302. - Same—Removal and storage of towed vehicles.
(a) Vehicles removed, towed, or both from posted private property without the prior consent and agreement of the owner or custodian of the vehicle are subject to the following towing fees: two hundred dollars ($200.00) for a light tow (a vehicle having a weight of up to eight thousand eight hundred (8,800) pounds), three hundred fifty dollars ($350.00) for a medium tow (a vehicle having a weight between eight thousand eight hundred one (8,801) pounds and seventeen thousand nine hundred ninety-nine (17,999) pounds) and five hundred seventy-five dollars ($575.00) for the towing of any vehicle having a weight of eighteen thousand (18,000) pounds and over. Those vehicles not claimed within seventy-two (72) hours of the tow are also subject to an administrative fee not to exceed one hundred dollars ($100.00). The total charge to the owner or custodian of any vehicle towed, removed, or both from posted private property without the prior consent and agreement of said owner or custodian will not exceed rates established by this subsection. Any person(s) and tow firm owner(s) violating the provisions of this section is guilty of a Class 1 misdemeanor.
(b) No tow truck service or operator may charge more than fifty dollars ($50.00) for vehicles seventeen thousand nine hundred ninety-nine (17,999) pounds or less or no more than seventy dollars ($70.00) for vehicles eighteen thousand (18,000) pounds or more per twenty-four-hour period for storage charges, not including an initial period of twenty-four (24) hours, for a vehicle removed from private property without the consent of the owner or custodian of the vehicle. Any person or tow firm owner(s) violating the provisions of this section is guilty of a Class 1 misdemeanor.
(c) No tow truck service or operator may charge any fee for mileage, in addition to the basic towing fee set forth in subsection (a) above, when the vehicle is being taken without the consent of the owner or custodian of the vehicle.
(d) A monetary receipt for each and every tow must be given to those persons whose vehicles have been towed by the towing service upon release of the vehicle. The information on the receipt must be clearly legible and include the time, date and place of the tow, the name of the tow truck operator who made the tow and the name of the towing service said operator works for. The receipt must also list the amount of money paid for the release of the vehicle, any additional charges incurred in the tow and the reason for said additional charges. A copy of the receipt must be retained by the towing service for not less than twelve (12) months.
(e) No towed vehicle may be removed from the Norfolk city limits within the first seventy-two (72) hours of the tow.
(f) The towing storage lot must be manned with an employee on the premises from 9:00 a.m. to 5:00 p.m. daily.
Each and every towing firm that tows motor vehicles from private property at a time other than the normal operating hours of the towing firm:
(1) Must, in addition to the towing firm's number required by section 25-300(b), post the towing firm's number for the storage lot where the vehicle towed at a time other than the normal operating hours of the towing firm may be reclaimed; and
(2) Must man the number posted and/or the storage facility so as to facilitate the return of said motor vehicle to the owner within two (2) hours of notification.
(h) Where the owner of a towed motor vehicle, trailer or semitrailer fails to reclaim said vehicle at the expiration of thirty-one (31) days, said vehicle may be sold pursuant to the provisions of sections Code of Virginia §§ 46.2-1213 and 46.21217, 1950, as amended.
The department of motor vehicles must be notified of the disposition of any motor vehicle, trailer or semitrailer under Code of Virginia § 46.1-3, as amended.
(i) If the owner or custodian of any vehicle not authorized to be parked on private property returns after a tow truck service has arrived and is engaged in hooking up or attaching the subject vehicle to the tow vehicle, or is attached to the subject vehicle, he may reclaim the vehicle upon payment of a service fee not to exceed fifty dollars ($50.00). No fee in excess of fifty dollars ($50.00) may be charged where the vehicle has not been removed from the lot or private property upon which it was unlawfully parked.
If the owner or custodian of any vehicle not authorized to be parked on private property returns after a tow truck service has arrived but before the vehicle has been attached, hooked up or towed, he may reclaim the vehicle without payment of a service fee.
(j) Any person violating the provisions of these sections and subsections is guilty of a Class 1 misdemeanor.
(Ord. No. 32,103, § 1, 12-28-82; Ord. No. 34,673, § 1, 8-25-87; Ord. No. 34,687, § 1, 9-8-87; Ord. No. 35,994, § 1, 5-15-90; Ord. No. 35,995, § 1, 5-15-90; Ord. No. 36,127, § 1, 7-24-90; Ord. No. 37,356, § 1, 7-27-93; Ord. No. 37,572, §§ 3, 4, 4-12-94; Ord. No. 38,632, § 1, 1-28-97; Ord. No. 40,313, 1, 5-15-01; Ord. No. 42,005, § 1, 8-30-05; Ord. No. 43,186, § 1, 8-19-08; Ord. No. 46,881, § 1, 6-27-17; Ord. No. 49,820, § 1, 12-10-24)