The Town is restricted on what it can do to place limitations on towing on private property due to legal protections for private property owners and case law from King v. Town of Chapel Hill.
In this court case, the N.C. Supreme Court held that a municipality has the power to regulate towing within its jurisdiction under the general police power, G.S. 160A-174, to the extent the regulations rationally address issues affecting citizen health, safety, or welfare that arise when one’s car is involuntarily towed. Thus, the court upheld Chapel’s Hill’s signage and notice provisions regarding towing. However, the court struck down Chapel Hill’s regulation of fees that can be charged by towing companies because this type of regulation had no rational relationship with protecting health, safety, or welfare and unduly interfered with the right of towing companies “to the fruits of [their] own labor.”
Additionally, in North Carolina, municipalities are limited to exercising certain powers that are either expressly conferred or necessarily implied from enabling legislation passed by the General Assembly which may further limit the ability of the Town to take additional actions.