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2007 SESSION
079408492Be it enacted by the General Assembly of Virginia:
1. That § 46.2-1232 of the Code of Virginia is amended and reenacted as follows:
§ 46.2-1232. Localities may regulate removal or immobilization of trespassing vehicles.
A. The governing body of any county, city, or town may by ordinance regulate the removal of trespassing vehicles from property by or at the direction of the owner, operator, lessee, or authorized agent in charge of the property. In the event that a vehicle is towed from one locality and stored in or released from a location in another locality, the local ordinance, if any, of the locality from which the vehicle was towed shall apply.
B. No local ordinance adopted under authority of this section shall require that any towing and recovery business (i) also operate as or provide services as a vehicle repair facility or body shop, filling station, or any business other than a towing and recovery business or (ii) obtain, at the time the vehicle is towed, the written authorization of the owner of the property from which the vehicle is towed or his agent.
C. Any such local ordinance may also require towing and
recovery operators to (i) obtain and retain photographs or other documentary
evidence substantiating the reason for the removal; and (ii) post signs
at their main place of business and at any other location where towed vehicles
may be reclaimed conspicuously indicating (a) the maximum charges allowed by
local ordinance, if any, for all their fees for towing, recovery, and storage
services and (b) the name and business telephone number of the local official,
if any, responsible for handling consumer complaints; and (iii) obtain, at
the time the vehicle is towed, the written authorization of the owner of the
property from which the vehicle is towed, or his agent. Such written
authorization, if required, shall be in addition to any written contract
between the towing and recovery operator and the owner of the property or his
agent. For the purposes of this subsection, "agent" shall not include
any person who either (a) is related by blood or marriage to the towing and
recovery operator or (b) has a financial interest in the towing and recovery
operator's business.