§ 6904A. Consent for towing; exceptions.
519 words·~2 min read·
/de/title-21/6904aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)No private tow company may tow any motor vehicle parked for an unauthorized purpose or during a time at which such parking is not permitted from any private parking area without the consent of the owner or operator of the motor vehicle unless the following criteria are met:
(1)The private tow company entered into a contract for towing with the owner or operator of the private parking area.
(2)A sign is posted in a conspicuous place at all vehicular entrances to the property which can easily be seen by drivers entering the private parking area. The sign must have lettering of no less than 1 inch in height and contain the following:
a. A statement of the purpose or purposes for which parking is authorized and the times during which such parking is permitted.
b. A statement that unauthorized parking is prohibited and, if applicable, that unauthorized motor vehicles will be towed and stored at the owner’s expense.
c. The name, address, and telephone number of the private tow company that will perform the towing.
d. The charges for the towing and storage of towed motor vehicles.
e. The street address of the storage facility where the towed motor vehicles can be redeemed after payment of the posted charges and the times during which the motor vehicles may be redeemed.
f. Contact information for the owner and operator of the private parking area.
(3)A sign is affixed to each door of the tow truck with lettering of no less than 3 inches in height that contains the name and telephone number of the private tow company.
(b)The owner, operator, or agent of a private parking area may not permit the towing of any motor vehicle parked for an unauthorized purpose or during a time at which such parking is not permitted from the private parking area without the consent of the motor vehicle owner or operator, unless the following criteria are met:
(1)The private property owner contracted with a private tow company for nonconsensual towing of motor vehicles parked on the property without authorization.
(2)A sign conforming to the requirements of paragraph (a)(2) of this section is posted on the property.
(c)No private tow company may tow any motor vehicle parked for an unauthorized purpose or during a time at which such parking is not permitted from any public parking area unless all of the following criteria are met:
(1)The private tow company entered into a contract for public property towing with this State or political subdivision.
(2)A sign as described in paragraph (a)(2) of this section is posted in a conspicuous place at all vehicular entrances to the property that can easily be seen by drivers entering a private parking area or in a conspicuous place visible from the place at which the motor vehicle is parked if on a public roadway. If the motor vehicle is parked in a metered or paid public parking area, the sign may be affixed to or conspicuously placed near the device or place at which payment may be tendered, if any.