§ 796-5. Disputed seizures.

When the seizure/tow of a vehicle from privately owned, publicly accessed parking lots, without the written consent of the owner of the vehicle, is in dispute or a breach of the peace occurs, the following shall apply:

A. 

If the seizure/tow process has begun, but the vehicle is still at the location, the following shall apply:

(1) 

The vehicle shall be released to the owner upon the owner providing the tow truck operator with proper personal and vehicular identification; and

(2) 

The property owner and tow company shall have recourse to civil court or small claims court to seek compensation for any monetary damages incurred as a result of the actions of the vehicle owner.

B. 

If the seizure/tow process has been completed (the vehicle is no longer at the location), the following shall apply:

(1) 

A vehicle owner shall pay the tow truck operator to release the vehicle;

(2) 

The only additional fee that may be assessed is for storage of the vehicle, which fee shall not exceed $20 per day. Storage fees shall not be charged for days on which the vehicle is not available for pickup from the pertinent tow operator or for days on which the pertinent tow operator is closed; and

(3) 

The vehicle owner shall have recourse to civil court or small claims court to seek compensation for any monetary damages incurred as a result of the actions of the property owner or the tow company.