GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	3 

SENATE BILL 773
Transportation Committee Substitute Adopted 5/9/89
Third Edition Engrossed 5/10/89

Short Title:  Towing Liability Amendments.	(Public)
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Sponsors:
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Referred to:  
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April 4, 1989

A BILL TO BE ENTITLED
AN ACT TO REMOVE FROM TOWING PROVISIONS CERTAIN LANGUAGE CONCERNING IMMUNITIES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-219.2 reads as rewritten:
"§ 20-219.2. Removal of unauthorized vehicles from private lots.
(a)	It shall be unlawful for any person other than the owner or lessee of a privately owned or leased parking space to park a motor or other vehicle in such private parking space without the express permission of the owner or lessee of such space; provided, that such private parking lot be clearly designated as such by a sign no smaller than 24 inches by 24 inches prominently displayed at the entrance thereto and the parking spaces within the lot be clearly marked by signs setting forth the name of each individual lessee or owner; a vehicle parked in a privately owned parking space in violation of this section may be removed from such space upon the written request of the parking space owner or lessee to a place of storage and the registered owner of such motor vehicle shall become liable for removal and storage charges. No person shall be held to answer in any civil or criminal action to any owner, lienholder or other person legally entitled to the possession of any motor vehicle removed from such lot pursuant to this section except when there is a claim for personal injury resulting from the removal or towing of the vehicle or where such motor vehicle is willfully, maliciously or negligently damaged in the removal from aforesaid space to place of storage.
(b)	Any person violating any of the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be fined not more than ten dollars ($10.00) in the discretion of the court.
(c)	This section shall apply only to the Counties of Craven, Dare, Forsyth, Gaston, Guilford, New Hanover, Orange, Robeson, Wake, Wilson and to the Cities of Durham, Charlotte and Fayetteville."
Sec. 2.   G.S. 20-219.3 reads as rewritten:
"§ 20-219.3. Removal of unauthorized vehicles from gasoline service station premises.
(a)	No motor vehicle shall be left for more than 48 hours upon the premises of any gasoline service station without the consent of the owner or operator of the service station.
(b)	The registered owner of any motor vehicle left unattended upon the premises of a service station in violation of subsection (a) shall be given notice by the owner or operator of said station of said violation. The notice given shall be by certified mail return receipt  requested addressed to the registered owner of the motor vehicle.
(c)	Upon the expiration of 10 days from the return of the receipt  showing that the notice was received by the addressee, such vehicle left on the premises of a service station in violation of this section may be removed from the station premises to a place of storage and the registered owner of such vehicle shall become liable for the reasonable removal and storage charges and the vehicle subject to the storage lien created by G.S. 44A-1 et seq. No person shall be held to answer in any civil or criminal action to any owner, lienholder or other person legally entitled to the possession of any vehicle removed from such station premises pursuant to this section except when there is a claim for personal injury or where such vehicle is willfully or maliciously damaged in the removal from such station premises to place of storage.
(d)	In the alternative, the station owner or operator may charge for storage, assert a lien, and dispose of the vehicle under the terms of G.S. 44A-4(b) through (g). The proceeds from the sale of the vehicle shall be disbursed as provided in G.S. 44A-5.” 
Sec. 3.   G.S. 20-37.6 reads as rewritten:
"§ 20-37.6. Handicapped; drivers and passengers; parking privileges.
(a)	Any vehicle driven by or transporting a person who is handicapped as defined by G.S. 20-37.5 or transporting a person who is visually impaired as defined by G.S. 111-11, as certified by a licensed ophthalmologist, optometrist, or Division of Services for the Blind, may be parked for unlimited periods in parking zones restricted as to length of time parking is permitted. This provision has no application to those zones or during times in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles. Any qualifying vehicle may park in spaces designated by above ground markings as restricted to vehicles distinguished as being driven by or as transporting the handicapped or as transporting the visually impaired.
(b)	Handicapped Car Owners; Distinguishing License Plates.  If the handicapped or visually impaired person is a registered owner of a vehicle, this vehicle may display a distinguishing license plate. This license plate shall be issued for the normal fee applicable to standard license plates. Any vehicle owner who qualifies for a distinguishing license plate may also receive up to two distinguishing placards as provided for in G.S. 20-37.6(c).
(c)	Handicapped Drivers and Passengers; Distinguishing Placards.  A person who is either handicapped or visually impaired may apply for issuance of a distinguishing placard to be designed by the Division of Motor Vehicles of the Department of Transportation, in cooperation with the Office for the Handicapped of the Department of Insurance. Any organization which, as determined and certified by the State Vocational Rehabilitation Agency, regularly transports handicapped or visually impaired people, may also apply. The placard shall be at least 6 inches by 12 inches in size and shall contain all the information the Division of Motor Vehicles deems necessary for purpose of designation and enforcement. The placard shall be displayed on the driver's side of the dashboard of a vehicle only when the vehicle is being driven by a duly licensed handicapped driver or is being used to transport handicapped or visually impaired passengers. When the placard is properly displayed, all parking rights and privileges extended to vehicles displaying a distinguishing license plate issued pursuant to G.S. 20-37.6(b) shall apply. The Division of Motor Vehicles shall establish procedures for the issuance of the distinguishing placards, may charge a fee sufficient to pay the actual cost of issuance. Two placards may be issued to an applicant on request. Applicants who are organizations may receive one placard for each transporting vehicle.
(d)	Designation of Parking Places.  Designation of parking spaces for the physically handicapped and the visually impaired on streets and in other areas, including public vehicular areas specified in G.S. 20-4.01(32), shall be by the use of sign R7-8 for multiple parking spaces as shown in the Manual on Uniform Traffic Control Devices, or sign R7-8a for single parking spaces as shown in the N.C. Department of Transportation Supplement to the Manual on Uniform Traffic Control Devices. Nonconforming signs in use prior to July 1, 1979, shall not constitute a violation of G.S. 20-37.6(e)(4) during their useful lives, which shall not be extended by other means than normal maintenance. These nonconforming signs shall be removed and be replaced with conforming signs before January 1, 1989; provided that a sign or symbol painted on the surface of a parking space need not be removed when a conforming sign is erected.
(d1)	Unique Properties.   The owner of private property which contains a public vehicular area, on which is to be designated one or more parking spaces for the physically handicapped and the visually impaired, may file a written certification, on a form supplied by the Department of Transportation, that signs conforming to G.S. 20-37.6(d) would not be compatible with the unique visual character of the property.  Upon filing of the certification with the Department of Transportation, the owner may cause to be erected signs of materials and colors different from signs R7-8 and R7-8a.  The signs shall be the same size and shape as signs R7-8 or R7-8a, as appropriate, with the same letters, words, numbers and symbols.  Such signs shall be deemed to conform to G.S. 20-37.6(d).
(e)	Enforcement of Handicapped Parking Privileges.  It shall be unlawful:
(1)	To park or leave standing any vehicle in a space designated with a sign pursuant to subsection (d) of this section for handicapped persons or visually impaired persons when the vehicle does not display the distinguishing license plate or placard as provided in this section or a disabled veteran registration plate issued pursuant to G.S. 20-81.4;
(2)	For any person not qualifying for the rights and privileges  extended to handicapped or visually impaired persons under this section to exercise or attempt to exercise such rights or privileges by the unauthorized use of a distinguishing license plate or placard issued pursuant to the provisions of this section;
(3)	To park or leave standing any vehicle so as to obstruct a curb ramp or curb cut for handicapped persons as provided for by North Carolina Building Code or as designated in G.S. 136-44.14;
(4)	For those responsible for designating parking spaces for the handicapped to erect or otherwise use signs not conforming to G.S. 20-37.6(d) for this purpose.
This section is enforceable in all public vehicular areas specified in G.S. 20-4.01(32).
(f)	Penalties for violation.
(1)	A violation of G.S. 20-37.6(e)(1), (2) or (3) is an infraction which carries a penalty of twenty-five dollars ($25.00) and whenever evidence shall be presented in any court of the fact that any automobile, truck, or other vehicle was found to be parked in a properly designated handicapped parking space in violation of the provisions of this section, it shall be prima facie evidence in any court in the State of North Carolina that the vehicle was parked and left in the space by the person, firm, or corporation in whose name the vehicle is registered and licensed according to the records of the Division of Motor Vehicles. No evidence tendered or presented under this authorization shall be admissible or competent in any respect in any court or tribunal except in cases concerned solely with a violation of this section.
(2)	A violation of G.S. 20-37.6(e)(4) is an infraction which carries a penalty of fifty dollars ($50.00) and whenever evidence shall be presented in any court of the fact that any such nonconforming sign or markings are being used it shall be prima facie evidence in any court in the State of North Carolina that the person, firm, or corporation with ownership of the property where said nonconforming signs or markings are located is responsible for violation of this section. Building inspectors and others responsible for North Carolina State Building Code violations specified in G.S. 143-138(h) where such signs are required by the Handicapped Section of the North Carolina State Building Code, may cause a citation to be issued for this violation and may also initiate any appropriate action or proceeding to correct such violation.
(3)	A law-enforcement officer, including security officer who has authority to enforce laws on the property of his employer as specified in Chapter 74A, may cause a vehicle parked in violation of this section to be towed; and such officer shall be a legal possessor as provided in G.S. 20-161(d)(2). This law-enforcement officer, or security officer, shall not be held to answer in any civil or criminal action to any owner, lienholder or other person legally entitled to the possession of any motor vehicle removed from such space pursuant to this section, except where such motor vehicle is willfully, maliciously, or negligently damaged in the removal from aforesaid space to place of storage. 
(4)	Notwithstanding any other provision of the General Statutes, the provisions of this section relative to handicapped parking shall be enforced by State, county, city and other municipal authorities in their respective jurisdictions whether on public or private property in the same manner as is used to enforce other parking laws and ordinances by said agencies.”
Sec. 4.   G.S. 61-7 reads as rewritten:
"§ 61-7. Governing body of assembly authorized to adopt traffic regulations.
(a)	The governing body of any religious organization or assembly may by appropriate resolution establish rules and regulations with respect to the use of the streets, roads, alleys, driveways, and parking lots on the grounds or premises owned or under the exclusive control of such organization, and it shall be unlawful for any person to park a motor vehicle or other vehicle on the streets, roads or on the premises of a religious assembly where parking has been prohibited by the religious assembly by the erection of "No Parking”signs at each space on the street, road or on the premises where parking is prohibited. Each space in which parking is prohibited shall be clearly designated as such by a sign no smaller than 24 inches by 24 inches. All rules and regulations adopted pursuant to the authority of this section shall be recorded in the proceedings of said governing body and copies thereof shall be filed in the office of the Secretary of State of North Carolina.
(b)	It shall be unlawful for any person to park a motor vehicle or other vehicle in a parking space on the streets, roads, or premises of a religious assembly where the parking space has been designated by the religious assembly as being limited to a named individual or to a person holding a named position with the assembly; provided, that such private parking space or private parking lot be clearly designated as such by a sign no smaller than 24 inches by 24 inches prominently displayed at the entrance to the parking lot, if within a parking lot, and provided further that the private parking spaces within the lot or the private parking spaces on the streets, roads or on the premises of the religious assembly be clearly marked by signs setting forth the name of each individual for whom the space is reserved or the name of  the position held with the assembly for which space is reserved.
(c)	It shall be unlawful for any person to park a motor vehicle or other vehicle on the streets or roads of a religious assembly, except where parking is expressly designated, so as to interfere with, or obstruct the free flow of vehicular traffic on the streets or roads within the assembly grounds.
(d)	It shall be unlawful for any person to park a motor vehicle or other vehicle at the entrance to any driveway on the grounds of a religious assembly so as to block the driveway.
(e)	Any vehicle parked in violation of subsections (a), (b), (c), or (d) may be removed by the assembly, or its agents, or its employees to a place of storage and the registered owner of such motor vehicle shall become liable for removal and storage charges. The assembly, nor any party acting under the directions of the assembly, shall be held to answer any civil or criminal action to any owner, lienholder, or other person legally entitled to the possession of any motor vehicle removed from such parking space or parking lot pursuant to subsections (a), (b), (c), or (d) except when there is a claim for personal injury or where such motor vehicle is willfully, maliciously or negligently damaged in the removal from the aforesaid space to place of storage. 
(f)	A ‘religious assembly' is defined as being a corporation or association formed for the purpose of providing a resort community for religious and recreational purposes and where the streets and roads are solely maintained by the religious assembly without governmental funds."
Sec. 5.   G.S. 115C-46 reads as rewritten:
"§ 115C-46. Powers of local boards to regulate parking of motor vehicles.
(a)	Any local board of education may adopt reasonable rules and regulations with respect to the parking of motor vehicles and other modes of conveyance on public school grounds and may enforce such rules and regulations. A violation of a rule or regulation concerning parking on public school grounds is an infraction punishable by a penalty of not more than ten dollars ($10.00) unless the regulation provides that the violation is not punishable as an infraction. Rules and regulations adopted hereunder shall be made available for inspection by any person upon request.
(b)	Any local board of education may adopt written guidelines governing the individual assignment of parking spaces on school grounds. Such guidelines shall give first priority treatment to the physically handicapped.
(c)	Any local board of education, by rules and regulations adopted  hereunder, may provide for the registration of motor vehicles and other modes of conveyance maintained, operated or parked on school grounds. Any local board of education, by rules and regulations adopted hereunder, may provide for the issuance of stickers, decals, permits or other indicia representing the registration status of vehicles or the eligibility of vehicles to park on school grounds and may prohibit the forgery, counterfeiting, unauthorized transfer or unauthorized use of them.
(d)	Any motor vehicle parked in a parking lot on school grounds, when such lot is clearly designated as such by a sign no smaller than 24 inches by 24 inches prominently displayed at each entrance thereto, in violation of the rules and regulations adopted by the local board of education, or any motor vehicle otherwise parked on school grounds in violation of the rules and regulations adopted by the county or city local board of education, may be removed from school grounds to a place of storage and the registered owner of that vehicle shall become liable for removal and storage charges. No person shall be held to answer in any civil or criminal action to any owner, lienholder, or other person legally entitled to the possession of any motor vehicle removed pursuant to this section except when there is a claim for personal injury or where such motor vehicle is willfully, maliciously or negligently damaged in the removal from school grounds to place of storage."
Sec. 6.   G.S. 143-340 reads as rewritten:
"§ 143-340. Powers and duties of Secretary.
The Secretary of Administration has the following powers and duties:
(1)	To establish a meritorious service award system for State employee suggestions which may include cash awards to be paid from savings resulting from the adoption of employee suggestions, but in no case shall the cash award exceed twenty-five percent (25%) of the savings resulting during the first year following adoption or a maximum of five thousand dollars ($5,000).
(2) to (9)	Repealed by Session Laws 1975, c. 879, s. 46.
(10)	To require reports from any State agency at any time upon any matters within the scope of the responsibilities of the Secretary or the Department.
(11)	Repealed by Session Laws 1975, c. 879, s. 46.
(12)	To enter the premises of any State agency; to inspect its property; and to examine its books, papers, documents, and all other agency records and copy any of them; and any State agency shall permit such entry, examination, and copying, and upon demand shall produce without unnecessary delay all books, papers, documents, and other records in its office and furnish information respecting its records and other matters pertaining to that agency and related to the responsibilities of the Department.
(13)	Repealed by Session Laws 1975, c. 879, s. 46.
(14)	With respect to the principal State offices and Departments  as defined in G.S. 143A-11 and 143B-6, or a division thereof, to exercise general coordinating authority for all telecommunications matters relating to the internal management and operations of State government. In discharging that responsibility the Secretary may in cooperation with affected State Agency Heads, do such of the following things as he deems necessary and advisable:
a.	Provide for the establishment, management, and operation, through either State ownership or commercial leasing of the following systems and services as they affect the internal management and operation of State government:
1.	Central telephone systems and telephone networks;
2.	Teleprocessing systems;
3.	Teletype and facsimile services;
4.	Satellite services;
5.	Closed-circuit TV systems;
6.	Two-way radio systems;
7.	Microwave systems;
8.	Related systems based on telecommunications technologies.
b.	Coordinate the development of cost sharing systems for respective user agencies for their proportionate parts of the cost of maintenance and operation of the systems and services listed in item a of this subdivision, in accordance with the rules and regulations adopted by the Governor and approved by the Council of State, pursuant to G.S. 143-341(8)k.
c.	Assist in the development of coordinated telecommunications services or systems within and among all agencies and departments, and recommend, where appropriate, cooperative utilization of telecommunication facilities by aggregating users.
d.	Perform traffic analysis and engineering for all telecommunications services and systems listed in item a of this subdivision.
e.	Pursuant to G.S. 143-49, establish telecommunications specifications and designs so as to promote and support compatibility of the systems within State government.
f.	Pursuant to G.S. 143-49 and 143-50, coordinate the review of requests by State agencies for the procurement of telecommunications systems or services.
g.	Pursuant to G.S. 143-341 and Chapter 146, coordinate the review of requests by State agencies for State government property acquisition, disposition, or construction for telecommunications systems requirements.
h.	Provide a periodic inventory of telecommunications costs,  facilities, systems, and personnel within State government.
i.	Promote, coordinate, and assist in the design and engineering of emergency telecommunications systems, including but not limited to the 911 emergency telephone number program, Emergency Medical Services, and other emergency telecommunications services.
j.	Perform frequency coordination and management for State and local governments, including all public safety radio service frequencies, in accordance with the rules and regulations of the Federal Communications Commission or any successor federal agency.
k.	Advise all State agencies and institutions on telecommunications management planning and related matters and provide through the State Personnel Training Center training to users with State government in telecommunications technology and systems.
l.	Assist and coordinate the development of policies and long-range plans, consistent with the protection of citizens' rights to privacy and access to information, for the acquisition and use of telecommunications systems; and base such policies and plans on current information about State telecommunications activities in relation to the full range of emerging technologies.
m.	Work cooperatively with the North Carolina Agency for Public Telecommunications in furthering the purpose of this subdivision.
The provisions of this subdivision shall not apply to the Police Information Network (P.I.N.) of the Department of Justice or to the Judicial Information System in the Judicial Department.
(15), (16)	Repealed by Session Laws 1975, c. 879, s. 46.
(17)	To supervise the work of janitors appointed by the General Assembly to perform services in connection with the sessions of the General Assembly.
(18)	To adopt reasonable rules and regulations with respect to the parking of automobiles on all public grounds, subject to the approval of the Governor and Council of State, and to enforce those rules and regulations. Any person who violates a rule or regulation concerning parking on public grounds is guilty of a misdemeanor, and upon conviction is punishable in the discretion of the court. Upon the allocation of parking spaces to any agency pursuant to such rules and regulations, the agency shall adopt written guidelines governing the individual assignment of such parking spaces by the agency. Such guidelines shall give first priority treatment to the physically handicapped and to carpoolers and vanpoolers, however, first priority shall be given to those on call for duty at a time other than normal working hours. A copy of said guidelines shall be made available for inspection by any person upon request.
(19)	Any motor vehicle parked in a State-owned parking lot, when such lot is clearly designated as such by a sign no smaller than 24 inches by 24 inches prominently displayed at the entrance thereto, in violation of the ‘Rules and Regulations Governing State-Owned Parking Lots' dated September, 1968 or as amended, may be removed from such lot to a place of storage and the registered owner of that vehicle shall become liable for removal and storage charges. No person shall be held to answer in any civil or criminal action to any owner, lienholder, or other person legally entitled to the possession of any motor vehicle removed from such lots pursuant to this section except when there is a claim for personal injury or where such motor vehicle is willfully, maliciously or negligently damaged in the removal from aforesaid lot to place of storage.  Any motor vehicle parked without authorization on State-owned public grounds under the control of the Department of Administration other than a designated parking area may be removed from that property to a storage area and the registered owner of the vehicle shall be liable for removal and storage fees.
(20)	To use at all times such means as, in his opinion, may be effective in protecting all public buildings and grounds from fire.
(21)	To serve as a special police officer and in that capacity to have the same power of arrest as the police officers of the City of Raleigh. Such authority may be exercised within the same territorial jurisdiction as exercised by the police officers of the City of Raleigh, and in addition thereto the authority of a deputy sheriff may be exercised on property owned, leased or maintained by the State located in the County of Wake.
(22)	To appoint as special police officers such reliable persons  as he may deem necessary, and such officers shall have the same power of arrest as herein conferred upon the Secretary. Before the Secretary or the special police officers may exercise the power of arrest, they shall take an oath, to be administered by any person authorized to administer oaths, as required by law.
(23)	Repealed by Session Laws 1975, c. 879, s. 46.
(24)	To perform such additional duties as the Governor may direct.
(25)	To make available, on a cost basis, to city and county agencies the services of the State telephone network. These services are to be charged to the local governments based on the proportional cost of maintaining and operating the system and in accordance with rules and regulations adopted by the Governor and approved by the Council of State.”
Sec. 7.   G.S. 153A-132 reads as rewritten:
"§ 153A-132. Removal and disposal of abandoned and junked motor vehicles.
(a)	Grant of Power.  A county may by ordinance prohibit the abandonment of motor vehicles on public grounds and private property within the county's ordinance-making jurisdiction and on county-owned property wherever located. The county may enforce the ordinance by removing and disposing of abandoned or junked motor vehicles according to the procedures prescribed in this section.
(b)	Definitions.  ‘Motor vehicle' includes any machine designed or intended to travel over land or water by self-propulsion or while attached to self-propelled vehicle.  An ‘abandoned motor vehicle' is one that:
(1)	Is left on public grounds or county-owned property in violation of a law or ordinance prohibiting parking; or
(2)	Is left for longer than 24 hours on property owned or operated by the county; or
(3)	Is left for longer than two hours on private property without the consent of the owner, occupant, or lessee of the property; or
(4)	Is left for longer than seven days on public grounds.
A ‘junked motor vehicle' is an abandoned motor vehicle that also:
(1)	Is partially dismantled or wrecked; or
(2)	Cannot be self-propelled or moved in the manner in which it originally was intended to move; or
(3)	Is more than five years old and appears to be worth less than one hundred dollars ($100.00); or
(4)	Does not display a current license plate.
(c)	Removal of Vehicles.  A county may remove to a storage garage or area an abandoned or junked motor vehicle found to be in violation of an ordinance adopted pursuant to this section. A vehicle may not be removed from private property, however, without the written request of the owner, lessee, or occupant of the premises unless the board of commissioners or a duly authorized county official or employee has declared the vehicle to be a health or safety hazard. Appropriate county officers and employees have a right, upon presentation of proper credentials, to enter on any premises within the county ordinance-making jurisdiction at any reasonable hour in order to determine if any vehicles are health or safety hazards. The county may require a person requesting the removal from private property of an abandoned or junked motor vehicle to indemnify the county against any loss, expense, or liability incurred because of the vehicle's removal, storage, or sale.
When an abandoned or junked motor vehicle is removed, the county shall give notice to the owner as required by G.S. 20-219.11(a)	and (b).
(d)	Hearing Procedure.  Regardless of whether a county does its own removal and disposal of motor vehicles or contracts with another person to do so, the county shall provide a hearing procedure for the owner. For purposes of this subsection, the definitions in G.S. 20-219.9 apply.
(1)	If the county operates in such a way that the person who tows the vehicle is responsible for collecting towing fees, all provisions of Article 7A, Chapter 20, apply.
(2)	If the county operates in such a way that it is responsible for collecting towing fees, it shall:
a.	Provide by contract or ordinance for a schedule of reasonable towing fees,
b.	Provide a procedure for a prompt fair hearing to contest the towing,
c.	Provide for an appeal to district court from that hearing,
d.	Authorize release of the vehicle at any time after towing  by the posting of a bond or paying of the fees due, and
e.	Provide a sale procedure similar to that provided in G.S.  44A-4, 44A-5, and 44A-6, except that no hearing in addition to the probable cause hearing is required. If no one purchases the vehicle at the sale and if the value of the vehicle is less than the amount of the lien, the county may destroy it.
(e)	and (f) Repealed by Session Laws 1983, c. 420, s. 10, effective July 1, 1983.
(g)	No Liability.  No person nor any county may be held to answer in a civil or criminal action to any owner or other person legally entitled to the possession of an abandoned, junked, lost, or stolen motor vehicle for disposing of the vehicle as provided in this section.
(h)	Exceptions.  This section does not apply to any vehicle in an enclosed building, to any vehicle on the premises of a business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise, or to any vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the county."
Sec. 8.   G.S. 160A-303 reads as rewritten:
"§ 160A-303. Removal and disposal of junked and abandoned motor vehicles.
(a)	A city may by ordinance prohibit the abandonment of motor vehicles on the public streets or on public or private property within the city, and may enforce any such ordinance by removing and disposing of junked or abandoned motor vehicles according to the procedures prescribed in this section.
(b)	A motor vehicle is defined to include all machines designed or intended to travel over land or water by self-propulsion or while attached to any self-propelled vehicle.  An abandoned motor vehicle is one that:
(1)	Has been left upon a street or highway in violation of a law or ordinance prohibiting parking; or
(2)	Is left on property owned or operated by the city for longer  than 24 hours; or
(3)	Is left on private property without the consent of the owner, occupant, or lessee thereof for longer than two hours; or
(4)	Is left on any public street or highway for longer than seven days.
A junked motor vehicle is an abandoned motor vehicle that also:
(1)	Is partially dismantled or wrecked; or
(2)	Cannot be self-propelled or moved in the manner in which it was originally intended to move; or
(3)	Is more than five years old and worth less than one hundred dollars ($100.00); or
(4)	Does not display a current license plate.
(c)	Any junked or abandoned motor vehicle found to be in violation of an ordinance adopted under this section may be removed to a storage garage or area, but no such vehicle shall be removed from private property without the written request of the owner, lessee, or occupant of the premises unless the council or a duly authorized city official or employee has declared it to be a health or safety hazard. The city may require any person requesting the removal of a junked or abandoned motor vehicle from private property to indemnify the city against any loss, expense, or liability incurred because of the removal, storage, or sale thereof. When an abandoned or junked motor vehicle is removed, the city shall give notice to the owner as required by G.S. 20-219.11(a) and (b).
(d)	Hearing Procedure.  Regardless of whether a city does its own removal and disposal of motor vehicles or contracts with another person to do so, the city, shall provide a hearing procedure for the owner. For purposes of this subsection, the definitions in G.S. 20-219.9 apply.
(1)	If the city operates in such a way that the person who tows the vehicle is responsible for collecting towing fees, all provisions of Article 7A, Chapter 20, apply.
(2)	If the city operates in such a way that it is responsible for collecting towing fees, it shall:
a.	Provide by contract or ordinance for a schedule of reasonable  towing fees,
b.	Provide a procedure for a prompt fair hearing to contest the towing,
c.	Provide for an appeal to district court from that hearing,
d.	Authorize release of the vehicle at any time after towing by the posting of a bond or paying of the fees due, and
e.	Provide a sale procedure similar to that provided in G.S. 44A-4, 44A-5, and 44A-6, except that no hearing in addition to the probable cause hearing is required. If no one purchases the vehicle at the sale and if the value of the vehicle is less than the amount of the lien, the city may destroy it.
(e)	Repealed by Session Laws 1983, c. 420, s. 13, effective July 1, 1983.
(f)	No person shall be held to answer in any civil or criminal action to any owner or other person legally entitled to the possession of any abandoned, lost, or stolen motor vehicle for disposing of the vehicle as provided in this section.
(g)	Nothing in this section shall apply to any vehicle in an enclosed building or any vehicle on the premises of a business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise, or to any vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city.
(h)	Repealed by Session Laws 1983, c. 420, s. 13, effective July 1, 1983."
Sec. 9.   Section 3 of Chapter 936 of the 1983 Session Laws reads as rewritten: 
"Sec. 3.  (a)	Article 7 of Chapter 20 of the North Carolina General Statutes is amended by adding a new section to read:
‘§ 20-219.4.  Removal of unauthorized vehicles from private property.
(a)	Subject to subsection (b) of this section, any motor vehicle left on private property for more than 24 hours without permission of the person or party having possession (actual or constructive) of such property may be removed by or at the direction of such party to a place of storage, and the registered owner of such motor vehicle shall become liable for removal and storage charges.  No person shall be held to answer in any civil or criminal action to any owner, lien holder or other person legally entitled to the possession of any motor vehicle removed under this section except when there is a claim for personal injury or where the person or party against whom liability is asserted acted maliciously in directing the removal of the vehicle or negligently in towing or storing the vehicle. 
	(b)	The provisions of subsection (a) shall apply only to the following areas:
(1)	Private roads, including shoulders, sidewalks, and medians, that are adjacent to such, so long as at every entrance to such private road or at every entrance to a subdivision or development containing private roads, there is prominently displayed a sign that contains the following message or any equally explicit message, printed in letters at least three inches high: ‘Private Road, No Parking In Or Along Road, Violators Towed At Their Expense.'  Such sign shall also display a telephone number to be called for information about a towed vehicle.
(2)	Privately owned parking lots or areas, regardless  of whether such lots or areas fall within the definition of ‘public vehicular areas' contained in G.S. 20-4.01(32), so long as there is prominently displayed at every entrance to such lots or areas a sign that clearly informs, in letters at least three inches in height, any person driving a motor vehicle onto such lot or areas:
a.	Either that (i) parking within such lot is restricted in a manner indicated in such entrance sign, or (ii) parking within such lot is restricted in a manner indicated in signs placed throughout the lot, (and such signs are placed in such a manner and location as reasonably to inform persons seeking to park in specific spaces what limitations apply to such spaces); and
b.	That violators may be towed at their expense; and
c.	The telephone number to be called for information about a towed vehicle.
(3)	Any driveway or parking space that is manifestly designed to serve a single family or two-family private residence, as well as any other private property that is manifestly not designed or intended for the parking of motor vehicles.
	(c)	A property owner or possessor who removes a vehicle or has a vehicle removed pursuant to this section shall immediately thereafter contact the local law enforcement agency (municipal police department or, if the property from which the vehicle is removed is located outside the corporate limits of a municipality, the county sheriff's department) and inform such agency that the vehicle has been removed, who removed it, why it was removed, and where it can be reclaimed, and shall provide such agency with the registration plate number or other identification of such vehicle.
	(d)	This section shall apply only to the Town of Carrboro, and applies only within the corporate limits of that Town.'"
Sec. 10.  Section 3 of Chapter 1023 of the 1987 Session Laws reads as rewritten:
"TITLE III. TOWING OF ILLEGALLY PARKED VEHICLESFROM PARKING LOTS OWNED BY THE TOWN OF CHAPEL HILL
Sec. 3.  (a)	The governing board of a town may enact reasonable ordinances with respect to the parking of motor vehicles in any off-street parking facilities owned by that town and to enforce those ordinances.
(b)	Any motor vehicle parked in a town-owned parking lot, when such lot is clearly designated as such by a sign no smaller than 24 inches by 24 inches stating the ordinance regulations with respect to that lot and prominently displayed at the entrance thereto, in violation of an ordinance adopted pursuant to this act may be removed from such lot to a place of storage operated by  the town and the registered owner of that vehicle shall become liable for removal and storage charges.  No person acting as an agent for the town shall be held to answer in any civil or criminal action to any owner, lienholder, or other person legally entitled to the possession of any motor vehicle removed pursuant to this act except when there is a claim for personal injury or where such motor vehicle is willfully, maliciously or negligently damaged in the removal from aforesaid lot to place of storage. 
(c)	This section applies to the Town of Chapel Hill only."
Sec. 11.  This act is effective upon ratification.