Chapel Hill towing ban on hold until 2013

Chapel Hill won’t be enforcing a towing ordinance anytime soon.

The town is in the process of appealing an August court decision that ruled the town’s towing ordinance invalid — a process that could take until early 2013.

The town filed a motion for a temporary stay of the ruling, which would have allowed the towing ordinance to be enforced until the appeals court reaches a decision. But the motion was denied by the court on Sept. 17.

The ordinance — approved by the Chapel Hill Town Council February — capped the amount towing companies could charge for their services.

It also increased the number of signs towing companies were required to post and mandated they allow people to pay with credit cards.

The law went into effect on May 1 — and was blocked by Superior Court Judge Orlando Hudson a day later.

The ordinance was challenged by George King, owner of George’s Towing & Recovery, who said it was not within the town’s power to regulate towing.

King’s attorney, Thomas Stark, said the ordinance was an unconstitutional attempt to regulate trade.

“The constitution is unequivocal on that point,” he said. “It really didn’t make a lot of sense for the town of Chapel Hill to appeal this. If they wanted to change that policy, they would have to talk to a legislator.”

But Chapel Hill officials argue that it is their duty to make laws that protect residents from predatory towing.

“We believe towns have certain rights to protect our citizens,” said town councilman Gene Pease.

“If there’s practices going on that we believe puts our citizens in danger, we believe we have rights to regulate that.”

But until the appeals court makes a decision on the ordinance — which could take months — the fate of towing in Chapel Hill remains in flux.

After the court receives arguments from both sides, it will decide if a hearing is needed.

Town attorney Ralph Karpinos said if a hearing is held, it will probably be in early 2013.

Karpinos said Chapel Hill’s ordinance that bans using a cellphone while driving, which was also ruled invalid, is part of the appeal.

Flora Parrish, records supervisor for the Chapel Hill Police Department, said there were 16 towing complaints since the council passed the towing ordinance in May.

But since the ordinance was blocked, she said only a couple of calls have come in.

Stark said the publicity from the lawsuit has not hurt business at George’s — instead, the business is now managing more parking lots than before.

“I think more and more landowners are frustrated with people parking illegally,” he said.

He also said the number of people being towed has decreased.

“From a policy standpoint, the fact that there are more lots under management and less tows shows that George’s policy is effective,” he said.

Contact the desk editor at city@dailytarheel.com.