§ 12.5-123. Non-consensual towing from private property.

(a)

It shall be unlawful to remove any motor vehicle from private property without authorization from the owner of the motor vehicle, the county, or authorized law enforcement agencies, except under the following circumstances:

(1)

The property owner has proprietary ownership and discretion as to who is authorized to be on said property; and

(2)

If the property owner is a commercial entity or other like entity which has shared parking spaces, the following conditions have been met:

a.

The property owner, or designated manager, has posted the property with signs clearly stating that parking is prohibited or restricted;

b.

The posted signs were in place and clearly visible and legible to any driver approaching the property where parking is prohibited or restricted at the time the vehicle was parked; and

c.

The posted signs contain a clear warning that violators' vehicles will be towed, at the vehicle owner's expense, and contain the telephone number to call to obtain release of the towed vehicle.

(b)

The owner of the vehicle towed from private property shall be responsible for paying all applicable towing and storage charges provided that the private property owner has complied with all of the requirements contained in subsection (a) above. If a vehicle is towed as a result of a property owner's request and the property owner has not complied with the requirements of subsection (a) above, or if the vehicle towed is shown to have been legally parked, the property owner shall be guilty of a misdemeanor and may, in the discretion of the county magistrate as provided in S.C. Code, section 14-25-75, be required to reimburse the owner of the vehicle for all towing and storage charges which the owner of the vehicle paid.

(c)

(1)

A wrecker service and private property owner may enter into a written agreement authorizing towing from that property, which agreement shall be filed with the Horry County Police Department. Before towing a vehicle from private property without authorization from the vehicle owner, the wrecker service operator shall obtain from the property owner, or designated manager, a written authorization which shall set forth the name and signature of the property owner or his/her agent or a statement that the tow occurred pursuant to an agreement filed with the Horry County Police Department, the address from which the motor vehicle is being towed, the reason for the removal, and the year, make, model, vehicle identification number, state and license plate number of the motor vehicle being towed.

(2)

These authorization forms shall be provided by each wrecker service providing such towing services and will be kept on file by the wrecker service for inspection by the county for not less than three (3) years.

(3)

In addition, any wrecker service removing a motor vehicle from private property without the consent of the owner of the vehicle shall, within thirty (30) minutes of the removal, telephone Horry County E911 to verbally report the tow by providing the information on the authorization form as well as the location where the motor vehicle may be claimed by its owner.

(d)

At any time a vehicle is towed without the authorization of the vehicle owner or person lawfully in possession of the vehicle (hereinafter the "vehicle owner"), the fee schedule herein shall be the maximum to be charged by any wrecker operator or company and no other fees or charges of any kind shall be required to be paid by the vehicle owner in order to recover the vehicle.

(e)

No wrecker service operator shall tow a vehicle from private property without the consent of the vehicle owner unless the wrecker service shall have an operator/attendant on call at all times other than after normal business hours capable of responding to requests for release of the vehicle. The operator/attendant will be capable of and will respond to a request for release of a vehicle within forty-five (45) minutes of being called during any of these times, and shall release the vehicle upon payment of the fee as set forth in the fee schedule herein, and upon proper identification, unless the operator/attendant has reasonable belief that operation of the vehicle will be in violation of the law and in that instance will notify the appropriate law enforcement agency prior to release of the vehicle. No other fees or charges may be required, and no fees or charges shall be assessed or accrue after forty-five (45) minutes from the request for release of a vehicle.

(f)

Each wrecker business shall have posted at its storage lot and at its principal place of business signs clearly indicating the procedure for release of vehicles, including the on-call number for release of vehicles, such posted signs to be in place and clearly visible and legible to any driver approaching the storage lot or place of business.

(g)

If a vehicle owner returns to reclaim his or her vehicle while the tow truck is on the scene but before the vehicle is physically connected to the tow truck, the tow truck operator may charge no more than the "no-tow" fee to release the vehicle. If the vehicle owner refuses or is unable to pay the no-tow fee, the tow truck operator may tow the vehicle.

(h)

If the vehicle is connected to the tow truck when the vehicle owner returns to reclaim the vehicle, the tow truck operator shall disconnect the vehicle and return it to the vehicle owner without further charge upon payment of no more than half of the maximum towing charge listed herein. If the owner refuses to or is unable to pay, the vehicle may be towed.

(Ord. No. 72-09, § 1, 11-3-09)