Article 27.

Private Institution Towing Procedures.

§ 116-229.  Post-towing procedures.

If a private college or university employs law-enforcement officers so that Article 7A, Chapter 20, would otherwise apply to the removal and disposal of motor vehicles, the governing body of that college or university may by rule or ordinance provide an alternative hearing procedure for the owner. For purposes of this section, the definitions in G.S. 20-219.9 apply.

(1)        If the college or university operates in such a way that the person who tows the vehicle is responsible for collecting towing fees, all provisions of Article 7A, Chapter 20, apply.

(2)        If the college or university operates in such a way that it is responsible for collecting towing fees, it shall:

a.         Provide by contract or ordinance for a schedule of reasonable towing fees,

b.         Provide a procedure for a prompt fair hearing to contest the towing,

c.         Provide for an appeal to district court from that hearing,

d.         Authorize release of the vehicle at any time after towing  by the posting of a bond or paying of the fees due, and

e.         If the college or university chooses to enforce its authority by sale of the vehicle, provide a sale procedure similar to that provided in G.S. 44A-4, 44A-5, and 44A-6, except that no hearing in addition to the probable cause hearing is required. If no one purchases the vehicle at the sale and if the value of the vehicle is less than the amount of the lien, the college or university may destroy it. (1983, c. 420, s. 6.)