<div class="chunk-title">Sec. 20-121. - Procedures after towing.</div>
<div class="chunk-content">
            <p class="p0">
               <span class="ital">This section is adapted in part from G.S. 20-219.11, 20-219.12, 20-219.13, and 20-219.14.</span>
               
            </p>
            <p class="p0">
               The vehicle owner will be responsible for the towing cost; if the owner or person
               lawfully entitled to custody of any vehicle does not obtain the vehicle's release
               within seven days of its possession by the towing company, the towing company shall
               file for a mechanic's lien. Once the company has obtained the lien, the company shall
               sell the vehicle to recover the cost of the tow and storage. The towing company may
               retain any additional funds resulting from the vehicle's sale that are left over after
               the fees are paid.
               
            </p>
            <p class="p0">
               The owner or any other person entitled to claim possession of the vehicle may request
               in writing a hearing to determine if probable cause existed for the towing. The request
               shall be filed with the magistrate in the county where the vehicle was towed. If there
               is more than one magistrate's office in that county, the request may be filed with
               the magistrate in the warrant-issuing office in the county seat or in any other office
               designated to receive requests by the chief district court judge. The magistrate shall
               set the hearing within 72 hours of his receiving the request. The owner, the person
               who requested the hearing if someone other than the owner, the tower, and the person
               who authorized the towing shall be notified of the time and place of the hearing.
               
            </p>
            <p class="p0">
               The owner, the tower, the person who authorized the towing, and any other interested
               parties may present evidence at the hearing. The person authorizing the towing and
               the tower may submit an affidavit in lieu of appearing personally, but the affidavit
               does not preclude that person from also testifying.
               
            </p>
            <p class="p0">
               The only issue at this hearing is whether or not probable cause existed for the towing.
               If the magistrate finds that probable cause did exist, the tower's lien continues.
               If the magistrate finds that probable cause did not exist, the tower's lien is extinguished.
               
            </p>
            <p class="p0">
               Any aggrieved party may appeal the magistrate's decision to district court.
               
            </p>
            <p class="p0">
               At any stage in the proceedings, including before the probable cause hearing, the
               owner may obtain possession of his vehicle by:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  Paying the towing fee, or
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  Posting a bond for double the amount of the towing fee. (1983, c. 420, s. 2.)
                  
               </p>
               		
               
            
            <p class="p0">
               The tower may seek to enforce his lien or the owner may seek to contest the lien pursuant
               to G.S. ch. 44A. (1983, c. 420, s. 2.)
               
            </p>
            <p class="p0">
               Every agency whose law enforcement officers act pursuant to this article, G.S. 115D-21,
               116-44.4, 116-229, 153A-132, or 160A-303 shall by contract or rules provide compensation
               to the tower if a court finds no probable cause existed for the towing. (1983, c.
               420, s. 2.)
               
            </p>
            <p class="historynote0">
               (
               <a class="ordinance-link" href="" data-product-id="15271" data-ordinance-id="1039673">
                  Ord. of 09-09-2020(1)
                  </a>
               )
               
            </p></div>