§ 116-229. Post-towing procedures. - North Carolina Statutes

Article 27.

Private Institution Towing Procedures.

§ 116‑229.  Post‑towing procedures.

If a private college or university employs law‑enforcementofficers so that Article 7A, Chapter 20, would otherwise apply to the removaland disposal of motor vehicles, the governing body of that college oruniversity may by rule or ordinance provide an alternative hearing procedurefor the owner. For purposes of this section, the definitions in G.S. 20‑219.9apply.

(1)        If the college or university operates in such a way that theperson who tows the vehicle is responsible for collecting towing fees, allprovisions of Article 7A, Chapter 20, apply.

(2)        If the college or university operates in such a way that itis responsible for collecting towing fees, it shall:

a.         Provide by contract or ordinance for a schedule ofreasonable towing fees,

b.         Provide a procedure for a prompt fair hearing to contest thetowing,

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.         If the college or university chooses to enforce itsauthority by sale of the vehicle, provide a sale procedure similar to thatprovided in G.S. 44A‑4, 44A‑5, and 44A‑6, except that no hearingin addition to the probable cause hearing is required. If no one purchases thevehicle at the sale and if the value of the vehicle is less than the amount ofthe lien, the college or university may destroy it. (1983, c. 420, s. 6.)