                                 CODE OF VIRGINIA

REMOVAL OR IMMOBILIZATION OF MOTOR VEHICLES, VEHICLES, AND TRAILERS AGAINST
WHICH THERE ARE OUTSTANDING PARKING VIOLATIONS; ORDINANCES (§ 46.2-1216)

The governing body of any county, city, or town may provide by ordinance that
any motor vehicle, vehicle, or trailer parked on the public highways or public
grounds against which there are three or more unpaid or otherwise unsettled
parking violation notices may be removed to a place within such county, city, or
town or in an adjacent locality designated by the chief law-enforcement officer
for the temporary storage of the motor vehicle, vehicle, or trailer, or the
motor vehicle, vehicle, or trailer may be immobilized in a manner that will
prevent its removal or lawful operation except by authorized law-enforcement
personnel. The governing body of Fairfax County, and any town adjacent to such
county, Loudoun County, Prince William County, and the Cities of Alexandria,
Fairfax, Falls Church, Manassas, Manassas Park, and Virginia Beach may also
provide by ordinance that whenever any motor vehicle, vehicle, or trailer
against which there are three or more outstanding unpaid or otherwise unsettled
parking violation notices is found parked upon private property, including
privately owned streets and roads, the motor vehicle, vehicle, or trailer may,
by towing or otherwise, be removed or immobilized in the manner provided above;
provided that no motor vehicle, vehicle, or trailer may be removed or
immobilized from property which is owned or occupied as a single family
residence. Any such ordinance shall further provide that no such motor vehicle,
vehicle, or trailer parked on private property may be removed or immobilized
unless written authorization to enforce this section has been given by the owner
of the property or an association of owners formed pursuant to the Virginia
Condominium Act (§ 55.1-1900 et seq.) or the Horizontal Property Act (§
55.1-2000 et seq.) and that the local governing body has provided written
assurance to the owner of the property that he will be held harmless from all
loss, damage, or expense, including costs and attorney fees, that may be
incurred as a result of the towing or otherwise of any motor vehicle, vehicle,
or trailer pursuant to this section. The ordinance shall provide that the
removal or immobilization of the motor vehicle, vehicle, or trailer shall be by
or under the direction of, an officer or employee of the police department or
sheriff&#8217;s office.
		Any ordinance shall provide that it shall be the duty of the law-enforcement
personnel removing or immobilizing the motor vehicle, vehicle, or trailer or
under whose direction such motor vehicle, vehicle, or trailer is removed or
immobilized, to inform as soon as practicable the owner of the removed or
immobilized motor vehicle, vehicle, or trailer of the nature and circumstances
of the prior unsettled parking violation notices for which the motor vehicle,
vehicle, or trailer was removed or immobilized. In any case involving
immobilization of a motor vehicle, vehicle, or trailer pursuant to this section,
there shall be placed on the motor vehicle, vehicle, or trailer, in a
conspicuous manner, a notice warning that the motor vehicle, vehicle, or trailer
has been immobilized and that any attempt to move the motor vehicle, vehicle, or
trailer might damage it.
		Any ordinance shall provide that the owner of an immobilized motor vehicle,
vehicle, or trailer, or other person acting on his behalf, shall be allowed at
least 24 hours from the time of immobilization to repossess or secure the
release of the motor vehicle, vehicle, or trailer. Failure to repossess or
secure the release of the motor vehicle, vehicle, or trailer within that time
period may result in the removal of the motor vehicle, vehicle, or trailer to a
storage area for safekeeping under the direction of law-enforcement personnel.
		Any ordinance shall provide that the owner of the removed or immobilized motor
vehicle, vehicle, or trailer or other person acting on his behalf, shall be
permitted to repossess or to secure the release of the motor vehicle, vehicle,
or trailer by payment of the outstanding parking violation notices for which the
motor vehicle, vehicle, or trailer was removed or immobilized and by payment of
all costs incidental to the immobilization, removal, and storage of the motor
vehicle, vehicle, or trailer and the efforts to locate the owner of the motor
vehicle, vehicle, or trailer. Should the owner fail or refuse to pay such fines
and costs, or should the identity or whereabouts of the owner be unknown and
unascertainable, the ordinance may provide for the sale of the motor vehicle,
vehicle, or trailer in accordance with the procedures set forth in § 46.2-1213.

HISTORY: 1977, c. 666, § 46.1-3.02; 1978, c. 282; 1984, c. 64; 1988, c. 520;
1989, c. 727; 1990, c. 686; 2007, c. 813; 2010, c. 23; 2012, cc. 104, 150; 2019,
c. 510.