169.041
Towing authorized.
Subdivision 1. Towing authority. For purposes of this section,
"towing authority" means any local authority authorized by section
169.04
to enforce the traffic laws, and also includes a private towing company
authorized by a local authority to tow vehicles on behalf of that local
authority. Subd. 2. Towing order required. A towing authority may not tow
a motor vehicle from public property unless a peace officer or parking
enforcement officer has prepared, in addition to the parking citation, a written
towing report describing the motor vehicle and the reasons for towing. The
report must be signed by the officer and the tow driver. Subd. 3. Four-hour
waiting period. In enforcing state and local parking and traffic laws, a
towing authority may not tow, or allow or require the towing of, a motor vehicle
from public property for a parking or traffic violation until four hours after
issuance of the traffic ticket or citation, except as provided in this section
or as provided for an unauthorized vehicle in section 168B.04. Subd. 4. Towing allowed. A towing authority may tow a motor vehicle
without regard to the four-hour waiting period if: (1) the vehicle is parked in
violation of snow emergency regulations; (2) the vehicle is parked in a
rush-hour restricted parking area; (3) the vehicle is blocking a driveway,
alley, or fire hydrant; (4) the vehicle is parked in a bus lane, or at a bus
stop, during hours when parking is prohibited; (5) the vehicle is parked within
30 feet of a stop sign and visually blocking the stop sign; (6) the vehicle is
parked in a handicap transfer zone or handicapped parking space without a
handicapped parking certificate or handicapped license plates; (7) the vehicle
is parked in an area that has been posted for temporary restricted parking (i)
at least 12 hours in advance in a home rule charter or statutory city having a
population under 50,000, or (ii) at least 24 hours in advance in another
political subdivision; (8) the vehicle is parked within the right-of-way of a
controlled access highway or within the traveled portion of a public street when
travel is allowed there; (9) the vehicle is unlawfully parked in a zone that is
restricted by posted signs to use by fire, police, public safety, or emergency
vehicles; (10) the vehicle is unlawfully parked on property at the
Minneapolis-St. Paul International Airport owned by the metropolitan airports
commission; (11) a law enforcement official has probable cause to believe that
the vehicle is stolen, or that the vehicle constitutes or contains evidence of a
crime and impoundment is reasonably necessary to obtain or preserve the
evidence; (12) the driver, operator, or person in physical control of the
vehicle is taken into custody and the vehicle is impounded for safekeeping; (13)
a law enforcement official has probable cause to believe that the owner,
operator, or person in physical control of the vehicle has failed to respond to
five or more citations for parking or traffic offenses; (14) the vehicle is
unlawfully parked in a zone that is restricted by posted signs to use by
taxicabs; (15) the vehicle is unlawfully parked and prevents egress by a
lawfully parked vehicle; (16) the vehicle is parked, on a school day during
prohibited hours, in a school zone on a public street where official signs
prohibit parking; or (17) the vehicle is a junk, abandoned, or unauthorized
vehicle, as defined in section 168B.011,
and subject to immediate removal under chapter 168B. Subd. 5. Towing
prohibited. Unless the vehicle is described in subdivision 4, a towing
authority may not tow a motor vehicle because: (1) the vehicle has expired
registration tabs that have been expired for less than 90 days; (2) the vehicle
is at a parking meter on which the time has expired and the vehicle has fewer
than five unpaid parking tickets. Subd. 6. Private property. This section
does not restrict the authority of the owner of private property to authorize
under chapter 168B the towing of a motor vehicle unlawfully parked on the
private property. Subd. 7. Damages. The owner or driver of a motor
vehicle towed in violation of this section is entitled to recover from the
towing authority the greater of $100 or two times the actual damages sustained
as a result of the violation. Damages recoverable under this subdivision include
but are not limited to costs of recovering the vehicle, including time spent and
transportation costs.
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