§ 39-12.1-12. Private trespass towing. (a) The owner or person in control of any parcel of property may cause to be removed from the property vehicles which are trespassing upon the property without the consent of the owner or person in control of the property by retaining, in writing, a certificated tower to remove the trespassing vehicle and relocate the vehicle to its private impoundment lot; and this procedure may be undertaken and accomplished without the need to resort to the judicial process; provided, however, that the impoundment lot shall be within ten (10) miles of the point of removal; and provided further that the lot shall be open for business to release the vehicle the same hours it is open to receive the vehicle; and provided further that there shall be posted on the outside of the office of the lot the business hours.

(b) All charges for towing, in accordance with the published tariff and storage shall be borne by the last registered and/or legal owner of the vehicle for which charges the certificated tower shall have a possessory lien as set forth elsewhere in this chapter; provided, however, that should the last registered and/or legal owner prove through judicial process that the vehicle was not in fact trespassing on the property of the owner or person in control, the charges shall be borne by the owner or person in control of the property who ordered the towing, removal, relocation and storage. The last registered and/or legal owner shall, however, as a prerequisite to procedure to recover the charges from the owner or person in control of the property, pay in full all charges assessed due the certificated tower in accordance with its published tariff.

(c) A certificated tower shall remove vehicles from private property at the direction of the owner or person in control thereof only upon receiving the direction in writing, which writing and notice shall be kept in the records of the certificated tower and which writing shall be a complete defense to any civil and criminal charges resulting from removal of the vehicle.

History of Section. (P.L. 1994, ch. 328, § 1; P.L. 1999, ch. 304, § 1; P.L. 1999, ch. 453, § 1.)