§ 45-41-210 — Abandoned Motor Vehicles

(a) In Lee County, except in the jurisdiction of the City of Auburn, any motor vehicle left unattended on any private property without the express or implied permission of the owner or lessee of the property or his or her agent shall be considered an abandoned vehicle and may be towed or wheel locked, or both, by the owner or lessee of the property or his or her agent provided the motor vehicle is left on property posted in accordance with this section.
(b) A posted notice, when required by this section, shall meet the following specifications:
(1) The notice shall be prominently placed at each driveway access or curb cut allowing vehicular access to the property, within five feet from the public right-of-way line. If there are no curbs or access barriers, the signs shall be posted not less than one sign each 25 feet of lot frontage.
(2) The notice shall clearly indicate, in not less than two-inch high light-reflective letters on a contrasting background, that unauthorized vehicles will be towed or wheel locked, or both, at the owner’s expense. The words Tow Away Zone, Wheel Lock Zone, or Tow Away Zone and/or Wheel Lock Zone shall be included on the sign in not less than four-inch high letters.
(3) The notice shall also provide the name and current telephone number of the person or firm towing or removing or wheel locking the vehicles, if the property owner, lessor, or person in control of the property has a written contract with a wrecker service or wheel lock service.
(4) The sign structure containing the required notices shall be permanently installed with the bottom of the sign not less than four feet above ground level, and be continuously maintained on the property for not less than 24 hours prior to the towing or removal or wheel locking of any vehicles.
(c) Except in the jurisdiction of the City of Auburn, in Lee County, the owner or lessee of real property or his or her agent upon which an abandoned motor vehicle as defined in this section has become abandoned shall be authorized to cause the abandoned motor vehicle to be removed to a secure place or wheel locked. Any owner or lessee of real property or his or her agent who shall cause an abandoned motor vehicle to be removed from his or her real property or wheel locked, within 24 hours of the removal or wheel locking, shall give written notice to the county or municipal law enforcement agency in whose jurisdiction the abandoned motor vehicle was situated. The owner or lessee of real property or his or her agent who causes an abandoned motor vehicle to be wheel locked shall have a lien on the motor vehicle for a reasonable fee for the storage of the motor vehicle. Any person or corporation removing a vehicle or other property or wheel locking the vehicle at the direction of the owner or lessee of real property or his or her agent, in accordance with this section who has a lien on the motor vehicle may charge a reasonable fee for the removal and for storage of the motor vehicle or for wheel locking the motor vehicle.
(d)(1) This subsection shall apply only to the jurisdiction of the City of Auburn in Lee County.
(2) The City Council of the City of Auburn may provide by ordinance for the charges and the manner in which unattended or abandoned motor vehicles in its jurisdiction may be wheel locked and towed, which may be in addition to or in lieu of subsections (a) to (c), inclusive. The ordinance passed pursuant to this section shall be adopted at a public meeting with notice in the same manner as any ordinance for the City of Auburn.

Legislative History

(Act 92-511, p. 1045, §1; Act 97-603, p. 1063, §§1, 2.)