§ 39-12.1-12 - Private trespass towing.
SECTION 39-12.1-12
§ 39-12.1-12 Private trespass towing.– (a) The owner or person in control of any parcel of property may cause to beremoved from the property vehicles which are trespassing upon the propertywithout the consent of the owner or person in control of the property byretaining, in writing, a certificated tower to remove the trespassing vehicleand relocate the vehicle to its private impoundment lot; and this procedure maybe undertaken and accomplished without the need to resort to the judicialprocess; provided, however, that the impoundment lot shall be within ten (10)miles of the point of removal; and provided further that the lot shall be openfor business to release the vehicle the same hours it is open to receive thevehicle; and provided further that there shall be posted on the outside of theoffice of the lot the business hours.
(b) All charges for towing, in accordance with the publishedtariff and storage shall be borne by the last registered and/or legal owner ofthe vehicle for which charges the certificated tower shall have a possessorylien as set forth elsewhere in this chapter; provided, however, that should thelast registered and/or legal owner prove through judicial process that thevehicle was not in fact trespassing on the property of the owner or person incontrol, the charges shall be borne by the owner or person in control of theproperty who ordered the towing, removal, relocation and storage. The lastregistered and/or legal owner shall, however, as a prerequisite to procedure torecover the charges from the owner or person in control of the property, pay infull all charges assessed due the certificated tower in accordance with itspublished tariff.
(c) A certificated tower shall remove vehicles from privateproperty at the direction of the owner or person in control thereof only uponreceiving the direction in writing, which writing and notice shall be kept inthe records of the certificated tower and which writing shall be a completedefense to any civil and criminal charges resulting from removal of the vehicle.