{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1232.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1232.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1232.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1232.html"}],"law_id":69434,"edition_id":1,"section_id":69434,"structure_id":13249,"section_number":"46.2-1232","catch_line":"Localities may regulate removal or immobilization of trespassing vehicles","history":"Code 1950, \u00a7 46-541; 1952, c. 352; 1954, c. 435; 1958, c. 541, \u00a7 46.1-551; 1978, cc. 202, 335; 1979, c. 132; 1983, c. 34; 1985, c. 375; 1989, cc. 17, 727; 1990, cc. 502, 573; 2006, cc. 874, 891; 2009, cc. 186, 544; 2012, cc. 149, 812; 2017, c. 825; 2018, cc. 411, 412; 2024, cc. 308, 537, 653.","full_text":"A\n\nThe 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\n\nNo local ordinance adopted under authority of this section shall require that any towing and recovery business 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.C\n\nAny 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; (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; (iii) obtain at the time the vehicle is towed, verbal approval of an agent designated in the local ordinance who is available at all times; and (iv) obtain, at the time the vehicle is towed, if such towing is performed during the normal business hours of the owner of the property from which the vehicle is being 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. Any such written contract governing a property located within Planning District 8 or Planning District 16 shall clearly state the terms on which towing and recovery operators may monitor private lots on behalf of property owners and any local ordinance created pursuant to this subsection may regulate the monitoring practices that may be used by such towing and recovery operators. For the purposes of this subsection, &#8220;agent&#8221; does 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&#8217;s business.D\n\nAny such ordinance adopted by a locality within Planning District 8 may require towing companies that tow vehicles from the county, city, or town adopting the ordinance to other localities, provided that the stored or released location is within the Commonwealth of Virginia and within 10 miles of the point of origin of the actual towing, (i) to obtain from the locality from which such vehicles are towed a permit to do so and (ii) to submit to an inspection of such towing company&#8217;s facilities to ensure that the company meets all the locality&#8217;s requirements, regardless of whether such facilities are located within the locality or elsewhere. The locality may impose and collect reasonable fees for the issuance and administration of permits as provided for in this subsection. Such ordinance may also provide grounds for revocation, suspension, or modification of any permit issued under this subsection, subject to notice to the permittee of the revocation, suspension, or modification and an opportunity for the permittee to have a hearing before the governing body of the locality or its designated agent to challenge the revocation, suspension, or modification. Any tow truck driver who removes or tows a vehicle, pursuant to any such ordinance, that is occupied by an unattended companion animal as defined in &#xA7; 3.2-6500 shall, upon such removal, immediately notify the animal control office of the locality in which the vehicle is being removed or towed. Nothing in this subsection shall be applicable to public safety towing.\n\t\t\tNothing in this subsection shall restrict or modify the authority of a locality within Planning District 8 to require, by such ordinance, towing companies that tow and store or release vehicles within such county, city, or town to obtain from such locality a permit to do so.E\n\nFor purposes of this subsection:\n\t\t\t&#8220;Multifamily dwelling unit&#8221; means more than one single-family dwelling unit located in a building, including townhomes. &#8220;Multifamily dwelling unit&#8221; does not include any lot within a development created pursuant to the Property Owners&#8217; Association Act (&#xA7; 55.1-1800 et seq.), any unit within a condominium created pursuant to the Virginia Condominium Act (&#xA7; 55.1-1900 et seq.), any apartment within a horizontal property regime created pursuant to the Horizontal Property Act (&#xA7; 55.1-2000 et seq.), any unit within a cooperative created pursuant to the Virginia Real Estate Cooperative Act (&#xA7; 55.1-2100 et seq.), any time-share unit within a project created pursuant to the Virginia Real Estate Time-Share Act (&#xA7; 55.1-2200 et seq.), or any lot within a subdivision created pursuant to the Subdivided Land Sales Act (&#xA7; 55.1-2300 et seq.).\n\t\t\t&#8220;Resident&#8217;s vehicle&#8221; means any vehicle that is (i) owned, leased, or used by a resident of a multifamily dwelling unit in which the parking lot is owned and maintained by the landlord; (ii) known to the landlord to be associated with such resident, by means of a permit, registry, or other document designated by the landlord for such identification purposes; and (iii) in compliance with any requirements set forth in such lease or other agreement regarding such vehicle.\n\t\t\t&#8220;Towing operator&#8221; means any individual or company that has contracted with a landlord for the provision of parking enforcement.\n\t\t\tAny such local ordinance shall include a provision that requires, for the towing of a resident&#8217;s vehicle from a parking lot owned and maintained by the landlord of a multifamily dwelling unit, the towing operator for such parking lot, prior to the towing of such vehicle for an expired vehicle registration or expired vehicle inspection sticker, to post written notice on the vehicle, which shall include the date of posting of such notice, that such vehicle will be towed due to an expired registration or expired vehicle inspection sticker after 48 hours from the date of the posting of such notice and that such vehicle will not be removed or towed until such period of time has passed. The towing operator shall, in addition to posting such notice on the vehicle, transmit a copy of such notice to the landlord with which he contracts for parking enforcement of the multifamily dwelling unit&#8217;s parking lot. If a towing operator fails to post such notice on the vehicle, or does not wait the required period of time prior to removing or requesting the towing of such vehicle, he shall be required to reimburse the resident whose vehicle was towed the value of the charges imposed for the towing, storage, and safekeeping of the vehicle and he shall also be subject to a civil penalty not to exceed $100.\n\t\t\tNo towing operator shall remove such vehicle until the 48 hours have passed from the date of the posting of such notice.","order_by":null,"text":{"0":{"id":251109,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":251110,"text":"No local ordinance adopted under authority of this section shall require that any towing and recovery business 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":251111,"text":"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; (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; (iii) obtain at the time the vehicle is towed, verbal approval of an agent designated in the local ordinance who is available at all times; and (iv) obtain, at the time the vehicle is towed, if such towing is performed during the normal business hours of the owner of the property from which the vehicle is being 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. Any such written contract governing a property located within Planning District 8 or Planning District 16 shall clearly state the terms on which towing and recovery operators may monitor private lots on behalf of property owners and any local ordinance created pursuant to this subsection may regulate the monitoring practices that may be used by such towing and recovery operators. For the purposes of this subsection, &#8220;agent&#8221; does 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&#8217;s business.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":251112,"text":"Any such ordinance adopted by a locality within Planning District 8 may require towing companies that tow vehicles from the county, city, or town adopting the ordinance to other localities, provided that the stored or released location is within the Commonwealth of Virginia and within 10 miles of the point of origin of the actual towing, (i) to obtain from the locality from which such vehicles are towed a permit to do so and (ii) to submit to an inspection of such towing company&#8217;s facilities to ensure that the company meets all the locality&#8217;s requirements, regardless of whether such facilities are located within the locality or elsewhere. The locality may impose and collect reasonable fees for the issuance and administration of permits as provided for in this subsection. Such ordinance may also provide grounds for revocation, suspension, or modification of any permit issued under this subsection, subject to notice to the permittee of the revocation, suspension, or modification and an opportunity for the permittee to have a hearing before the governing body of the locality or its designated agent to challenge the revocation, suspension, or modification. Any tow truck driver who removes or tows a vehicle, pursuant to any such ordinance, that is occupied by an unattended companion animal as defined in &#xA7; 3.2-6500 shall, upon such removal, immediately notify the animal control office of the locality in which the vehicle is being removed or towed. Nothing in this subsection shall be applicable to public safety towing.\n\t\t\tNothing in this subsection shall restrict or modify the authority of a locality within Planning District 8 to require, by such ordinance, towing companies that tow and store or release vehicles within such county, city, or town to obtain from such locality a permit to do so.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":251113,"text":"For purposes of this subsection:\n\t\t\t&#8220;Multifamily dwelling unit&#8221; means more than one single-family dwelling unit located in a building, including townhomes. &#8220;Multifamily dwelling unit&#8221; does not include any lot within a development created pursuant to the Property Owners&#8217; Association Act (&#xA7; 55.1-1800 et seq.), any unit within a condominium created pursuant to the Virginia Condominium Act (&#xA7; 55.1-1900 et seq.), any apartment within a horizontal property regime created pursuant to the Horizontal Property Act (&#xA7; 55.1-2000 et seq.), any unit within a cooperative created pursuant to the Virginia Real Estate Cooperative Act (&#xA7; 55.1-2100 et seq.), any time-share unit within a project created pursuant to the Virginia Real Estate Time-Share Act (&#xA7; 55.1-2200 et seq.), or any lot within a subdivision created pursuant to the Subdivided Land Sales Act (&#xA7; 55.1-2300 et seq.).\n\t\t\t&#8220;Resident&#8217;s vehicle&#8221; means any vehicle that is (i) owned, leased, or used by a resident of a multifamily dwelling unit in which the parking lot is owned and maintained by the landlord; (ii) known to the landlord to be associated with such resident, by means of a permit, registry, or other document designated by the landlord for such identification purposes; and (iii) in compliance with any requirements set forth in such lease or other agreement regarding such vehicle.\n\t\t\t&#8220;Towing operator&#8221; means any individual or company that has contracted with a landlord for the provision of parking enforcement.\n\t\t\tAny such local ordinance shall include a provision that requires, for the towing of a resident&#8217;s vehicle from a parking lot owned and maintained by the landlord of a multifamily dwelling unit, the towing operator for such parking lot, prior to the towing of such vehicle for an expired vehicle registration or expired vehicle inspection sticker, to post written notice on the vehicle, which shall include the date of posting of such notice, that such vehicle will be towed due to an expired registration or expired vehicle inspection sticker after 48 hours from the date of the posting of such notice and that such vehicle will not be removed or towed until such period of time has passed. The towing operator shall, in addition to posting such notice on the vehicle, transmit a copy of such notice to the landlord with which he contracts for parking enforcement of the multifamily dwelling unit&#8217;s parking lot. If a towing operator fails to post such notice on the vehicle, or does not wait the required period of time prior to removing or requesting the towing of such vehicle, he shall be required to reimburse the resident whose vehicle was towed the value of the charges imposed for the towing, storage, and safekeeping of the vehicle and he shall also be subject to a civil penalty not to exceed $100.\n\t\t\tNo towing operator shall remove such vehicle until the 48 hours have passed from the date of the posting of such notice.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13249,"edition_id":1,"name":"Trespassing Vehicles, Parking, and Towing","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13248,"metadata":{},"date_created":"2026-06-26 03:44:31","date_modified":"2026-06-26 03:44:31","permalink":{"id":229801,"object_type":"structure","relational_id":13249,"identifier":"3","token":"46.2\/III\/12\/3","url":"\/46.2\/III\/12\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13248,"edition_id":1,"name":"Abandoned, Immobilized, Unattended and Trespassing Vehicles; Parking","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:44:31","date_modified":"2026-06-26 03:44:31","permalink":{"id":229707,"object_type":"structure","relational_id":13248,"identifier":"12","token":"46.2\/III\/12","url":"\/46.2\/III\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57036,"structure_id":13249,"section_number":"46.2-1216","catch_line":"Removal or immobilization of motor vehicles, vehicles, and trailers against which there are outstanding parking violations; ordinances","url":"\/46.2-1216\/","token":"46.2\/III\/12\/3\/46.2-1216","metadata":false},{"id":60919,"structure_id":13249,"section_number":"46.2-1217","catch_line":"Local governing body may regulate certain towing","url":"\/46.2-1217\/","token":"46.2\/III\/12\/3\/46.2-1217","metadata":false},{"id":69274,"structure_id":13249,"section_number":"46.2-1217.1","catch_line":"Towing of certain large vehicles; civil penalty","url":"\/46.2-1217.1\/","token":"46.2\/III\/12\/3\/46.2-1217.1","metadata":false},{"id":74346,"structure_id":13249,"section_number":"46.2-1218","catch_line":"Reports by persons in charge of garages, parking places, etc.; unclaimed vehicles","url":"\/46.2-1218\/","token":"46.2\/III\/12\/3\/46.2-1218","metadata":false},{"id":56179,"structure_id":13249,"section_number":"46.2-1219","catch_line":"Regulation of vehicular and pedestrian traffic on certain parking lots","url":"\/46.2-1219\/","token":"46.2\/III\/12\/3\/46.2-1219","metadata":false},{"id":80549,"structure_id":13249,"section_number":"46.2-1219.1","catch_line":"Regulation or prohibition of vehicular traffic on certain privately owned public parking areas and driveways; penalties","url":"\/46.2-1219.1\/","token":"46.2\/III\/12\/3\/46.2-1219.1","metadata":false},{"id":77831,"structure_id":13249,"section_number":"46.2-1219.2","catch_line":"Parking of vehicles in commuter parking lots owned by the Virginia Department of Transportation","url":"\/46.2-1219.2\/","token":"46.2\/III\/12\/3\/46.2-1219.2","metadata":false},{"id":54248,"structure_id":13249,"section_number":"46.2-1219.3","catch_line":"Parking of vehicles in parking spaces reserved for charging electric vehicles; civil penalties","url":"\/46.2-1219.3\/","token":"46.2\/III\/12\/3\/46.2-1219.3","metadata":false},{"id":59917,"structure_id":13249,"section_number":"46.2-1220","catch_line":"Parking, stopping, and standing regulations in counties, cities, or towns; parking meters; presumption as to violation of ordinances; penalty","url":"\/46.2-1220\/","token":"46.2\/III\/12\/3\/46.2-1220","metadata":false},{"id":74268,"structure_id":13249,"section_number":"46.2-1221","catch_line":"Authority of county to regulate parking on county-owned or leased property or on county highways; parking meters; presumption as to violation of ordinances","url":"\/46.2-1221\/","token":"46.2\/III\/12\/3\/46.2-1221","metadata":false},{"id":55577,"structure_id":13249,"section_number":"46.2-1222","catch_line":"Regulation of parking on secondary highways by certain counties","url":"\/46.2-1222\/","token":"46.2\/III\/12\/3\/46.2-1222","metadata":false},{"id":77619,"structure_id":13249,"section_number":"46.2-1222.1","catch_line":"Regulation or prohibition of parking of certain vehicles in certain counties and towns","url":"\/46.2-1222.1\/","token":"46.2\/III\/12\/3\/46.2-1222.1","metadata":false},{"id":68697,"structure_id":13249,"section_number":"46.2-1222.2","catch_line":"Local ordinances prohibiting parking of certain vehicles","url":"\/46.2-1222.2\/","token":"46.2\/III\/12\/3\/46.2-1222.2","metadata":false},{"id":59842,"structure_id":13249,"section_number":"46.2-1223","catch_line":"Authority of Commissioner to regulate parking on certain parts of primary state highway system","url":"\/46.2-1223\/","token":"46.2\/III\/12\/3\/46.2-1223","metadata":false},{"id":61279,"structure_id":13249,"section_number":"46.2-1224","catch_line":"County ordinances prohibiting certain parking in streets and highways","url":"\/46.2-1224\/","token":"46.2\/III\/12\/3\/46.2-1224","metadata":false},{"id":78821,"structure_id":13249,"section_number":"46.2-1224.1","catch_line":"Local ordinances regulating certain parking; penalty","url":"\/46.2-1224.1\/","token":"46.2\/III\/12\/3\/46.2-1224.1","metadata":false},{"id":74507,"structure_id":13249,"section_number":"46.2-1225","catch_line":"Enforcement provisions in city or county parking ordinances","url":"\/46.2-1225\/","token":"46.2\/III\/12\/3\/46.2-1225","metadata":false},{"id":82170,"structure_id":13249,"section_number":"46.2-1226","catch_line":"Enforcement of regulations governing parking in Capitol Square","url":"\/46.2-1226\/","token":"46.2\/III\/12\/3\/46.2-1226","metadata":false},{"id":55537,"structure_id":13249,"section_number":"46.2-1227","catch_line":"Enforcement of state regulations governing parking on primary and secondary highways","url":"\/46.2-1227\/","token":"46.2\/III\/12\/3\/46.2-1227","metadata":false},{"id":76331,"structure_id":13249,"section_number":"46.2-1228","catch_line":"Enforcement of parking regulations of boards of visitors of educational institutions","url":"\/46.2-1228\/","token":"46.2\/III\/12\/3\/46.2-1228","metadata":false},{"id":57912,"structure_id":13249,"section_number":"46.2-1229","catch_line":"Enforcement of parking regulations of State Board of Behavioral Health and Developmental Services","url":"\/46.2-1229\/","token":"46.2\/III\/12\/3\/46.2-1229","metadata":false},{"id":69298,"structure_id":13249,"section_number":"46.2-1230","catch_line":"Authority of counties, cities, and towns to issue parking permits","url":"\/46.2-1230\/","token":"46.2\/III\/12\/3\/46.2-1230","metadata":false},{"id":68405,"structure_id":13249,"section_number":"46.2-1231","catch_line":"Ticketing, removal, or immobilization of trespassing vehicles by owner or operator of parking or other lot or building; charges","url":"\/46.2-1231\/","token":"46.2\/III\/12\/3\/46.2-1231","metadata":false},{"id":86926,"structure_id":13249,"section_number":"46.2-1231.1","catch_line":"Immunity from liability for certain towing","url":"\/46.2-1231.1\/","token":"46.2\/III\/12\/3\/46.2-1231.1","metadata":false},{"id":81284,"structure_id":13249,"section_number":"46.2-1231.2","catch_line":"Attorney fees and costs; towing and recovery operators","url":"\/46.2-1231.2\/","token":"46.2\/III\/12\/3\/46.2-1231.2","metadata":false},{"id":69434,"structure_id":13249,"section_number":"46.2-1232","catch_line":"Localities may regulate removal or immobilization of trespassing vehicles","url":"\/46.2-1232\/","token":"46.2\/III\/12\/3\/46.2-1232","metadata":false},{"id":77977,"structure_id":13249,"section_number":"46.2-1233","catch_line":"Localities may regulate towing fees","url":"\/46.2-1233\/","token":"46.2\/III\/12\/3\/46.2-1233","metadata":false},{"id":57172,"structure_id":13249,"section_number":"46.2-1233.1","catch_line":"Limitation on charges for towing and storage of certain vehicles","url":"\/46.2-1233.1\/","token":"46.2\/III\/12\/3\/46.2-1233.1","metadata":false},{"id":64627,"structure_id":13249,"section_number":"46.2-1233.2","catch_line":"Advisory board","url":"\/46.2-1233.2\/","token":"46.2\/III\/12\/3\/46.2-1233.2","metadata":false},{"id":57835,"structure_id":13249,"section_number":"46.2-1233.3","catch_line":"Improper towing; penalty","url":"\/46.2-1233.3\/","token":"46.2\/III\/12\/3\/46.2-1233.3","metadata":false},{"id":65934,"structure_id":13249,"section_number":"46.2-1234","catch_line":"Liability of persons furnishing free parking accommodations as to motor vehicles and property left therein","url":"\/46.2-1234\/","token":"46.2\/III\/12\/3\/46.2-1234","metadata":false},{"id":58978,"structure_id":13249,"section_number":"46.2-1235","catch_line":"Authority of Chesterfield County law-enforcement officers to issue parking tickets","url":"\/46.2-1235\/","token":"46.2\/III\/12\/3\/46.2-1235","metadata":false},{"id":81990,"structure_id":13249,"section_number":"46.2-1236","catch_line":"Repealed","url":"\/46.2-1236\/","token":"46.2\/III\/12\/3\/46.2-1236","metadata":false},{"id":66887,"structure_id":13249,"section_number":"46.2-1237","catch_line":"Repealed","url":"\/46.2-1237\/","token":"46.2\/III\/12\/3\/46.2-1237","metadata":false},{"id":66758,"structure_id":13249,"section_number":"46.2-1238","catch_line":"Repealed","url":"\/46.2-1238\/","token":"46.2\/III\/12\/3\/46.2-1238","metadata":false},{"id":66211,"structure_id":13249,"section_number":"46.2-1239","catch_line":"Parking in certain locations; penalty","url":"\/46.2-1239\/","token":"46.2\/III\/12\/3\/46.2-1239","metadata":false}],"previous_section":{"id":81284,"structure_id":13249,"section_number":"46.2-1231.2","catch_line":"Attorney fees and costs; towing and recovery operators","url":"\/46.2-1231.2\/","token":"46.2\/III\/12\/3\/46.2-1231.2","metadata":false},"next_section":{"id":77977,"structure_id":13249,"section_number":"46.2-1233","catch_line":"Localities may regulate towing fees","url":"\/46.2-1233\/","token":"46.2\/III\/12\/3\/46.2-1233","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1232\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 15 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 352; in 1954, chapter 435; in 1958, chapter 541; in 1978, chapters 202 and 335; in 1979, chapter 132; in 1983, chapter 34; in 1985, chapter 375; in 1989, chapters 17 and 727; in 1990, chapters 502 and 573; in 2006, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0874\">874<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0891\">891<\/a>; in 2009, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0186\">186<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0544\">544<\/a>; in 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0149\">149<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0812\">812<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0825\">825<\/a>; in 2018, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0411\">411<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0412\">412<\/a>; in 2024, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0308\">308<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0537\">537<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0653\">653<\/a>.<\/p>","references":[{"id":63042,"section_number":"46.2-1150","catch_line":"Towing certain unlicensed or uninspected vehicles","order_by":null,"url":"\/46.2-1150\/"},{"id":64627,"section_number":"46.2-1233.2","catch_line":"Advisory board","order_by":null,"url":"\/46.2-1233.2\/"}],"refers_to":[{"id":86401,"section_number":"3.2-6500","catch_line":"Definitions","order_by":null,"url":"\/3.2-6500\/"},{"id":65321,"section_number":"55.1-1800","catch_line":"Definitions","order_by":null,"url":"\/55.1-1800\/"},{"id":55215,"section_number":"55.1-1900","catch_line":"Definitions","order_by":null,"url":"\/55.1-1900\/"},{"id":82636,"section_number":"55.1-2000","catch_line":"Definitions","order_by":null,"url":"\/55.1-2000\/"},{"id":58909,"section_number":"55.1-2100","catch_line":"Definitions","order_by":null,"url":"\/55.1-2100\/"},{"id":56667,"section_number":"55.1-2200","catch_line":"Definitions","order_by":null,"url":"\/55.1-2200\/"},{"id":71715,"section_number":"55.1-2300","catch_line":"Definitions","order_by":null,"url":"\/55.1-2300\/"}],"permalink":{"id":229903,"object_type":"law","relational_id":69434,"identifier":"46.2-1232","token":"46.2\/III\/12\/3\/46.2-1232","url":"\/46.2-1232\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1232\/","token":"46.2\/III\/12\/3\/46.2-1232","dublin_core":{"Title":"Localities may regulate removal or immobilization of trespassing vehicles","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1232","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">governing body<\/span> of any county, city, or town may by <span class=\"dictionary\">ordinance<\/span> regulate the removal of trespassing <span class=\"dictionary\">vehicles<\/span> from property by or at the direction of the <span class=\"dictionary\">owner<\/span>, <span class=\"dictionary\">operator<\/span>, lessee, or authorized <span class=\"dictionary\">agent<\/span> in charge of the property. In the event that a <span class=\"dictionary\">vehicle<\/span> is towed from one locality and stored in or released from a location in another locality, the local <span class=\"dictionary\">ordinance<\/span>, if any, of the locality from which the <span class=\"dictionary\">vehicle<\/span> was towed shall apply. <a id=\"paragraph-251109\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1232\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> No local <span class=\"dictionary\">ordinance<\/span> adopted under authority of this section shall require that any towing and recovery business also operate as or provide services as a <span class=\"dictionary\">vehicle<\/span> repair facility or body shop, filling station, or any business other than a towing and recovery business. <a id=\"paragraph-251110\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1232\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Any such local <span class=\"dictionary\">ordinance<\/span> may also require <span class=\"dictionary\">towing and recovery operators<\/span> to (i) obtain and retain photographs or other documentary <span class=\"dictionary\">evidence<\/span> substantiating the reason for the removal; (ii) post signs at their main place of business and at any other location where towed <span class=\"dictionary\">vehicles<\/span> may be reclaimed conspicuously indicating (a) the maximum charges allowed by local <span class=\"dictionary\">ordinance<\/span>, 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; (iii) obtain at the time the <span class=\"dictionary\">vehicle<\/span> is towed, verbal approval of an <span class=\"dictionary\">agent<\/span> designated in the local <span class=\"dictionary\">ordinance<\/span> who is available at all times; and (iv) obtain, at the time the <span class=\"dictionary\">vehicle<\/span> is towed, if such towing is performed during the normal business hours of the <span class=\"dictionary\">owner<\/span> of the property from which the <span class=\"dictionary\">vehicle<\/span> is being towed, the written authorization of the <span class=\"dictionary\">owner<\/span> of the property from which the <span class=\"dictionary\">vehicle<\/span> is towed or his <span class=\"dictionary\">agent<\/span>. Such written authorization, if required, shall be in addition to any written <span class=\"dictionary\">contract<\/span> between the <span class=\"dictionary\">towing and recovery operator<\/span> and the <span class=\"dictionary\">owner<\/span> of the property or his <span class=\"dictionary\">agent<\/span>. Any such written <span class=\"dictionary\">contract<\/span> governing a property located within Planning District 8 or Planning District 16 shall clearly state the terms on which <span class=\"dictionary\">towing and recovery operators<\/span> may monitor private lots on behalf of property <span class=\"dictionary\">owners<\/span> and any local <span class=\"dictionary\">ordinance<\/span> created pursuant to this subsection may regulate the monitoring practices that may be used by such <span class=\"dictionary\">towing and recovery operators<\/span>. For the purposes of this subsection, &#8220;<span class=\"dictionary\">agent<\/span>&#8221; does not include any person who either (a) is related by blood or marriage to the <span class=\"dictionary\">towing and recovery operator<\/span> or (b) has a financial interest in the <span class=\"dictionary\">towing and recovery operator<\/span>&#8217;s business. <a id=\"paragraph-251111\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1232\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Any such <span class=\"dictionary\">ordinance<\/span> adopted by a locality within Planning District 8 may require towing companies that tow <span class=\"dictionary\">vehicles<\/span> from the county, city, or town adopting the <span class=\"dictionary\">ordinance<\/span> to other localities, provided that the stored or released location is within the Commonwealth of Virginia and within 10 miles of the point of origin of the actual towing, (i) to obtain from the locality from which such <span class=\"dictionary\">vehicles<\/span> are towed a permit to do so and (ii) to submit to an inspection of such towing company&#8217;s facilities to ensure that the company meets all the locality&#8217;s requirements, regardless of whether such facilities are located within the locality or elsewhere. The locality may impose and collect reasonable fees for the issuance and administration of permits as provided for in this subsection. Such <span class=\"dictionary\">ordinance<\/span> may also provide grounds for <span class=\"dictionary\">revocation<\/span>, <span class=\"dictionary\">suspension<\/span>, or modification of any permit issued under this subsection, subject to notice to the permittee of the <span class=\"dictionary\">revocation<\/span>, <span class=\"dictionary\">suspension<\/span>, or modification and an opportunity for the permittee to have a <span class=\"dictionary\">hearing<\/span> before the <span class=\"dictionary\">governing body<\/span> of the locality or its designated <span class=\"dictionary\">agent<\/span> to challenge the <span class=\"dictionary\">revocation<\/span>, <span class=\"dictionary\">suspension<\/span>, or modification. Any <span class=\"dictionary\">tow truck<\/span> <span class=\"dictionary\">driver<\/span> who removes or tows a <span class=\"dictionary\">vehicle<\/span>, pursuant to any such <span class=\"dictionary\">ordinance<\/span>, that is occupied by an unattended companion animal as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/3.2-6500\/\">3.2-6500<\/a> shall, upon such removal, immediately notify the animal control office of the locality in which the <span class=\"dictionary\">vehicle<\/span> is being removed or towed. Nothing in this subsection shall be applicable to public safety towing.\n\t\t\tNothing in this subsection shall restrict or modify the authority of a locality within Planning District 8 to require, by such <span class=\"dictionary\">ordinance<\/span>, towing companies that tow and store or release <span class=\"dictionary\">vehicles<\/span> within such county, city, or town to obtain from such locality a permit to do so. <a id=\"paragraph-251112\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1232\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> For purposes of this subsection:\n\t\t\t&#8220;<span class=\"dictionary\">Multifamily dwelling unit<\/span>&#8221; means more than one single-family dwelling unit located in a building, including townhomes. &#8220;<span class=\"dictionary\">Multifamily dwelling unit<\/span>&#8221; does not include any lot within a development created pursuant to the Property <span class=\"dictionary\">Owners<\/span>&#8217; Association Act (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/55.1-1800\/\">55.1-1800<\/a> et seq.), any unit within a condominium created pursuant to the Virginia Condominium Act (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/55.1-1900\/\">55.1-1900<\/a> et seq.), any apartment within a horizontal property regime created pursuant to the Horizontal Property Act (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/55.1-2000\/\">55.1-2000<\/a> et seq.), any unit within a cooperative created pursuant to the Virginia Real Estate Cooperative Act (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/55.1-2100\/\">55.1-2100<\/a> et seq.), any time-share unit within a project created pursuant to the Virginia Real Estate Time-Share Act (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/55.1-2200\/\">55.1-2200<\/a> et seq.), or any lot within a subdivision created pursuant to the Subdivided Land Sales Act (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/55.1-2300\/\">55.1-2300<\/a> et seq.).\n\t\t\t&#8220;Resident&#8217;s <span class=\"dictionary\">vehicle<\/span>&#8221; means any <span class=\"dictionary\">vehicle<\/span> that is (i) owned, leased, or used by a resident of a <span class=\"dictionary\">multifamily dwelling unit<\/span> in which the parking lot is owned and maintained by the landlord; (ii) known to the landlord to be associated with such resident, by means of a permit, registry, or other document designated by the landlord for such identification purposes; and (iii) in compliance with any requirements set forth in such lease or other agreement regarding such <span class=\"dictionary\">vehicle<\/span>.\n\t\t\t&#8220;<span class=\"dictionary\">Towing operator<\/span>&#8221; means any individual or company that has contracted with a landlord for the provision of parking enforcement.\n\t\t\tAny such local <span class=\"dictionary\">ordinance<\/span> shall include a provision that requires, for the towing of a resident&#8217;s <span class=\"dictionary\">vehicle<\/span> from a parking lot owned and maintained by the landlord of a <span class=\"dictionary\">multifamily dwelling unit<\/span>, the <span class=\"dictionary\">towing operator<\/span> for such parking lot, prior to the towing of such <span class=\"dictionary\">vehicle<\/span> for an expired <span class=\"dictionary\">vehicle<\/span> registration or expired <span class=\"dictionary\">vehicle<\/span> inspection sticker, to post written notice on the <span class=\"dictionary\">vehicle<\/span>, which shall include the date of posting of such notice, that such <span class=\"dictionary\">vehicle<\/span> will be towed due to an expired registration or expired <span class=\"dictionary\">vehicle<\/span> inspection sticker after 48 hours from the date of the posting of such notice and that such <span class=\"dictionary\">vehicle<\/span> will not be removed or towed until such period of time has passed. The <span class=\"dictionary\">towing operator<\/span> shall, in addition to posting such notice on the <span class=\"dictionary\">vehicle<\/span>, transmit a copy of such notice to the landlord with which he <span class=\"dictionary\">contracts<\/span> for parking enforcement of the <span class=\"dictionary\">multifamily dwelling unit<\/span>&#8217;s parking lot. If a <span class=\"dictionary\">towing operator<\/span> fails to post such notice on the <span class=\"dictionary\">vehicle<\/span>, or does not wait the required period of time prior to removing or requesting the towing of such <span class=\"dictionary\">vehicle<\/span>, he shall be required to reimburse the resident whose <span class=\"dictionary\">vehicle<\/span> was towed the value of the charges imposed for the towing, storage, and safekeeping of the <span class=\"dictionary\">vehicle<\/span> and he shall also be subject to a civil <span class=\"dictionary\">penalty<\/span> not to exceed $100.\n\t\t\tNo <span class=\"dictionary\">towing operator<\/span> shall remove such <span class=\"dictionary\">vehicle<\/span> until the 48 hours have passed from the date of the posting of such notice. <a id=\"paragraph-251113\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1232\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nLOCALITIES MAY REGULATE REMOVAL OR IMMOBILIZATION OF TRESPASSING VEHICLES (\u00a7\n46.2-1232)\n\nA. The governing body of any county, city, or town may by ordinance regulate the\nremoval of trespassing vehicles from property by or at the direction of the\nowner, operator, lessee, or authorized agent in charge of the property. In the\nevent that a vehicle is towed from one locality and stored in or released from a\nlocation in another locality, the local ordinance, if any, of the locality from\nwhich the vehicle was towed shall apply.\n\nB. No local ordinance adopted under authority of this section shall require that\nany towing and recovery business also operate as or provide services as a\nvehicle repair facility or body shop, filling station, or any business other\nthan a towing and recovery business.\n\nC. Any such local ordinance may also require towing and recovery operators to\n(i) obtain and retain photographs or other documentary evidence substantiating\nthe reason for the removal; (ii) post signs at their main place of business and\nat any other location where towed vehicles may be reclaimed conspicuously\nindicating (a) the maximum charges allowed by local ordinance, if any, for all\ntheir fees for towing, recovery, and storage services and (b) the name and\nbusiness telephone number of the local official, if any, responsible for\nhandling consumer complaints; (iii) obtain at the time the vehicle is towed,\nverbal approval of an agent designated in the local ordinance who is available\nat all times; and (iv) obtain, at the time the vehicle is towed, if such towing\nis performed during the normal business hours of the owner of the property from\nwhich the vehicle is being towed, the written authorization of the owner of the\nproperty from which the vehicle is towed or his agent. Such written\nauthorization, if required, shall be in addition to any written contract between\nthe towing and recovery operator and the owner of the property or his agent. Any\nsuch written contract governing a property located within Planning District 8 or\nPlanning District 16 shall clearly state the terms on which towing and recovery\noperators may monitor private lots on behalf of property owners and any local\nordinance created pursuant to this subsection may regulate the monitoring\npractices that may be used by such towing and recovery operators. For the\npurposes of this subsection, &#8220;agent&#8221; does not include any person who\neither (a) is related by blood or marriage to the towing and recovery operator\nor (b) has a financial interest in the towing and recovery operator&#8217;s\nbusiness.\n\nD. Any such ordinance adopted by a locality within Planning District 8 may\nrequire towing companies that tow vehicles from the county, city, or town\nadopting the ordinance to other localities, provided that the stored or released\nlocation is within the Commonwealth of Virginia and within 10 miles of the point\nof origin of the actual towing, (i) to obtain from the locality from which such\nvehicles are towed a permit to do so and (ii) to submit to an inspection of such\ntowing company&#8217;s facilities to ensure that the company meets all the\nlocality&#8217;s requirements, regardless of whether such facilities are located\nwithin the locality or elsewhere. The locality may impose and collect reasonable\nfees for the issuance and administration of permits as provided for in this\nsubsection. Such ordinance may also provide grounds for revocation, suspension,\nor modification of any permit issued under this subsection, subject to notice to\nthe permittee of the revocation, suspension, or modification and an opportunity\nfor the permittee to have a hearing before the governing body of the locality or\nits designated agent to challenge the revocation, suspension, or modification.\nAny tow truck driver who removes or tows a vehicle, pursuant to any such\nordinance, that is occupied by an unattended companion animal as defined in\n&#xA7; 3.2-6500 shall, upon such removal, immediately notify the animal control\noffice of the locality in which the vehicle is being removed or towed. Nothing\nin this subsection shall be applicable to public safety towing.\n\t\t\tNothing in this subsection shall restrict or modify the authority of a\nlocality within Planning District 8 to require, by such ordinance, towing\ncompanies that tow and store or release vehicles within such county, city, or\ntown to obtain from such locality a permit to do so.\n\nE. For purposes of this subsection:\n\t\t\t&#8220;Multifamily dwelling unit&#8221; means more than one single-family\ndwelling unit located in a building, including townhomes. &#8220;Multifamily\ndwelling unit&#8221; does not include any lot within a development created\npursuant to the Property Owners&#8217; Association Act (&#xA7; 55.1-1800 et\nseq.), any unit within a condominium created pursuant to the Virginia\nCondominium Act (&#xA7; 55.1-1900 et seq.), any apartment within a horizontal\nproperty regime created pursuant to the Horizontal Property Act (&#xA7;\n55.1-2000 et seq.), any unit within a cooperative created pursuant to the\nVirginia Real Estate Cooperative Act (&#xA7; 55.1-2100 et seq.), any time-share\nunit within a project created pursuant to the Virginia Real Estate Time-Share\nAct (&#xA7; 55.1-2200 et seq.), or any lot within a subdivision created pursuant\nto the Subdivided Land Sales Act (&#xA7; 55.1-2300 et seq.).\n\t\t\t&#8220;Resident&#8217;s vehicle&#8221; means any vehicle that is (i) owned,\nleased, or used by a resident of a multifamily dwelling unit in which the\nparking lot is owned and maintained by the landlord; (ii) known to the landlord\nto be associated with such resident, by means of a permit, registry, or other\ndocument designated by the landlord for such identification purposes; and (iii)\nin compliance with any requirements set forth in such lease or other agreement\nregarding such vehicle.\n\t\t\t&#8220;Towing operator&#8221; means any individual or company that has\ncontracted with a landlord for the provision of parking enforcement.\n\t\t\tAny such local ordinance shall include a provision that requires, for the\ntowing of a resident&#8217;s vehicle from a parking lot owned and maintained by\nthe landlord of a multifamily dwelling unit, the towing operator for such\nparking lot, prior to the towing of such vehicle for an expired vehicle\nregistration or expired vehicle inspection sticker, to post written notice on\nthe vehicle, which shall include the date of posting of such notice, that such\nvehicle will be towed due to an expired registration or expired vehicle\ninspection sticker after 48 hours from the date of the posting of such notice\nand that such vehicle will not be removed or towed until such period of time has\npassed. The towing operator shall, in addition to posting such notice on the\nvehicle, transmit a copy of such notice to the landlord with which he contracts\nfor parking enforcement of the multifamily dwelling unit&#8217;s parking lot. If\na towing operator fails to post such notice on the vehicle, or does not wait the\nrequired period of time prior to removing or requesting the towing of such\nvehicle, he shall be required to reimburse the resident whose vehicle was towed\nthe value of the charges imposed for the towing, storage, and safekeeping of the\nvehicle and he shall also be subject to a civil penalty not to exceed $100.\n\t\t\tNo towing operator shall remove such vehicle until the 48 hours have passed\nfrom the date of the posting of such notice.\n\nHISTORY: Code 1950, \u00a7 46-541; 1952, c. 352; 1954, c. 435; 1958, c. 541, \u00a7\n46.1-551; 1978, cc. 202, 335; 1979, c. 132; 1983, c. 34; 1985, c. 375; 1989, cc.\n17, 727; 1990, cc. 502, 573; 2006, cc. 874, 891; 2009, cc. 186, 544; 2012, cc.\n149, 812; 2017, c. 825; 2018, cc. 411, 412; 2024, cc. 308, 537, 653.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}