§ 16-11-760 — Parking on private property without permission; removal of vehicles; lien for towing and storage; sale of vehicles; penalty for violation.

(A) It is unlawful for a person to park a vehicle, as defined in Section 56-5-5630, on the private property of another without the owner's consent. If the property is for commercial use, the owner must post a notice in a conspicuous place on the borders of the property near each entrance prohibiting parking. Proof of the posting is considered notice conclusive against the person making entry. (B) A vehicle found parked on private property may be towed and stored at the expense of the registered owner or lienholder, subject to the limitations on allowed storage charges set forth in Section 29-15-10, and charges for towing, storing, preserving the vehicle, and expenses incurred if the owner and lienholder are notified pursuant to Section 29-15-10 constitute a lien against the vehicle, provided that the towing company makes notification to the law enforcement agency pursuant to Section 56-5-2525. (C) If the vehicle is not claimed by the owner, lienholder, or his agent, the vehicle must be sold pursuant to Section 29-15-10 by a magistrate in the county in which the vehicle was towed or stored. (D) A person violating the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned for not more than thirty days. This punishment is in addition to the other remedies authorized in this section.

Legislative History

HISTORY: 1962 Code SECTION 46-807; 1958 (50) 1670; 1966 (54) 2075; 1987 Act No. 185 SECTION 1; 2003 Act No. 71, SECTION 2, eff June 25, 2003; 2004 Act No. 269, SECTION 10, eff July 6, 2004; 2022 Act No. 233 (H.3729), SECTION 1, eff June 17, 2022. Effect of Amendment 2022 Act No. 233, SECTION 1, in (B), inserted "subject to the limitations on allowed storage charges set forth in Section 29-15-10,".