Introduced By: Senators Ruggerio, Celona, Igliozzi, Goodwin and DaPonte
Date Introduced : January 19, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 39-12.1-12 of the General Laws in Chapter 39-12.1 entitled "The Towing Storage Act" is hereby amended to read as follows:
39-12.1-12. Private trespass towing. -- (a) The
owner or person in control of any parcel of property may cause
to be removed from the property vehicles which are trespassing
upon the property without the consent of the owner or person in
control of the property {DEL not less than twelve (12) hours
after placing a notice requiring the removal of the vehicle on
the vehicle therefrom DEL} {DEL not less than one (1) hour after placing a notice requiring the removal of the vehicle on the vehicle therefrom DEL} by retaining in writing a certificated
tower to remove the trespassing vehicle and relocate the vehicle
to its private impoundment lot; and this procedure may be undertaken
and accomplished without the need to resort to judicial process;
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 open for business to release the vehicle the same
hours it is open to receive the vehicle; and provided further
that there shall be posted on the outside of the office of the
lot the business hours.
(b) All charges for towing, in accordance with the published tariff and storage shall be borne by the last registered and/or legal owner of the vehicle for which charges the certificated tower shall have a possessory lien as set forth elsewhere in this chapter; provided, however, that should the last registered and/or legal owner prove through judicial process that the vehicle was not in fact trespassing on the property of the owner or person in control, the charges shall be borne by the owner or person in control of the property who ordered the towing, removal, relocation and storage. The last registered and/or legal owner shall, however, as a prerequisite to procedure to recover the charges, from the owner or person in control of the property, pay in full all charges assessed due the certificated tower in accordance with its published tariff.
(c) A certificated tower shall remove vehicles from private property
at the direction of the owner or person in control thereof only
upon receiving the direction in writing, {DEL along with a
copy of the notice to remove placed on the vehicle, DEL} which
writing and notice shall be kept in the records of the certificated
tower and which writing {DEL and notice DEL} shall be a
complete defense to any civil and criminal charges resulting from
removal of the vehicle.
SECTION 2. This act shall take effect upon passage.
