                                 CODE OF VIRGINIA

TICKETING, REMOVAL, OR IMMOBILIZATION OF TRESPASSING VEHICLES BY OWNER OR
OPERATOR OF PARKING OR OTHER LOT OR BUILDING; CHARGES (§ 46.2-1231)

A. The owner, operator, or lessee of any parking lot, parking area, or parking
space in a parking lot or area or any part of a parking lot or area, or of any
other lot or building, including any county, city, or town, or authorized agent
of the person having control of such premises may have any vehicle occupying the
lot, area, space, or building without the permission of its owner, operator,
lessee, or authorized agent of the one having the control of the premises,
removed by towing or otherwise to a licensed garage for storage until called for
by the owner or his agent if there are posted at all entrances to the parking
lot or area signs clearly and conspicuously disclosing that such vehicle, if
parked without permission, will be removed, towed, or immobilized. Such signs
shall, at a minimum, include the nonemergency telephone number of the local
law-enforcement agency or the telephone number of the responsible towing and
recovery operator to contact for information related to the location of vehicles
towed from that location. The requirements of this section relating to the
posting of signs by an owner, operator, or lessee of any parking lot, parking
area or space shall not apply to localities in which the local governing body
has adopted an ordinance pursuant to &#xA7; 46.2-1232.

B. Whenever a trespassing vehicle is removed or towed as permitted by this
section, notice of this action shall forthwith be given by the tow truck
operator to the State Police or the local law-enforcement agency of the
jurisdiction from which the vehicle was towed. It shall be unlawful to fail to
report such tow as required by this section and violation of the reporting
requirement of this section shall constitute a traffic infraction punishable by
a fine of not more than $100. Such failure to report shall limit the amount
which may be charged for the storage and safekeeping of the towed vehicle to an
amount no greater than that charged for one day of storage and safekeeping. If
the vehicle is removed and stored, the vehicle owner may be charged and the
vehicle may be held for a reasonable fee for the removal and storage.

C. All businesses engaged in towing vehicles without the consent of their owners
shall prominently display (i) at their main place of business and (ii) at any
other location where towed vehicles may be reclaimed a comprehensive list of all
their fees for towing, recovery, and storage services, or the basis of such
charges. This requirement to display a list of fees may also be satisfied by
providing, when the towed vehicle is reclaimed, a written list of such fees,
either as part of a receipt or separately, to the person who reclaims the
vehicle. Charges in excess of those posted shall not be collectable from any
motor vehicle owner whose vehicle is towed, recovered, or stored without his
consent. At the time a vehicle owner or agent reclaims a towed vehicle, such
towing and recovery operator, if located in Planning District 8, shall provide a
written receipt that provides a telephone number or website available for
customer complaints. A locality located wholly or partially in Planning District
8 may require additional information to be included on such receipt.

D. Notwithstanding the foregoing provisions of this section, if the owner or
representative or agent of the owner of the trespassing vehicle is present and
removes the trespassing vehicle from the premises before it is actually towed,
the trespassing vehicle shall not be towed, but the owner or representative or
agent of the owner of the trespassing vehicle shall be liable for a reasonable
fee, not to exceed $25 or such other limit as the governing body of the county,
city, or town may set by ordinance, in lieu of towing.

E. In lieu of having a trespassing vehicle removed by towing or otherwise, the
owner, operator, lessee or authorized agent of the premises on which the
trespassing vehicle is parked may cause the vehicle to be immobilized in a
manner that prevents its removal or lawful operation, provided that any device
used to immobilize the trespassing vehicle does not damage the vehicle or any
part of the vehicle. The charge for the removal of any device used to immobilize
a trespassing vehicle shall not exceed $25 or such other limit as the governing
body of the county, city, or town may set by ordinance. In lieu of having the
vehicle removed by towing or otherwise, or in lieu of causing the vehicle to be
immobilized, the owner, operator, lessee or authorized agent of the premises on
which the trespassing vehicle is parked may cause to have an authorized local
government official or law-enforcement officer issue, on the premises, a notice
of the violation of a parking ordinance or regulation created pursuant to &#xA7;
46.2-1220 or 46.2-1221 to the registered owner of the vehicle.

F. This section shall not apply to police, fire, or public health vehicles or
where a vehicle, because of a wreck or other emergency, is parked or left
temporarily on the property of another. The governing body of every county,
city, and town may by ordinance set limits on fees and charges provided for in
this section.

G. For purposes of this subsection:
			&#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.).
			&#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.
			&#8220;Towing operator&#8221; means any individual or company that has
contracted with a landlord for the provision of parking enforcement.
			Notwithstanding the foregoing provisions of this section, for a
resident&#8217;s vehicle parked in the parking lot of a multifamily dwelling
unit, for which the parking lot is owned and maintained by the landlord, the
towing operator for such parking lot, prior to the towing of such vehicle for an
expired vehicle registration or expired vehicle inspection sticker, shall 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.
			No towing operator shall remove such vehicle until the 48 hours have passed
from the date of the posting of such notice.

HISTORY: Code 1950, § 46-541; 1952, c. 352; 1954, c. 435; 1958, c. 541, §
46.1-551; 1978, cc. 202, 335; 1979, c. 132; 1983, c. 34; 1985, c. 375; 1987, cc.
147, 152, 332; 1988, cc. 471, 701; 1989, c. 727; 1990, c. 502; 1991, c. 221;
1993, c. 394; 1994, c. 619; 2003, c. 305; 2006, cc. 874, 891; 2017, c. 825;
2019, c. 510; 2024, c. 308.