QuestionMy wifes car was towed yesterday at 10am from outside of our house. The curb in front of our house is a designated fire lane. The neighborhood HOA decided that for the first time in 12 months we hav lived here that they would start towing vehicles. I am not wavering blame it is our fault where the car was parked. My question is, does DE state law require the tow company to inform the police department when they have towed a vehicle. There were over 10 vehicles towed from the neighborhood that day and the police were not notified until they recieved calla from residents thy their cars were missing. Also is the
neighborhood required to post the name and phone number of the tow company so that residents have a first point of contact instead of 10 differant people filing missing vehicle reports? Our neighborhood does not have such signs and from 10am that day until 5pm the police were not notified of these vehicles. We live in Millsboro, DE. Thank you!
AnswerWell I tried researching Delaware laws regarding towing from private property and or towing from fire lanes and I really did not find any laws which "REQUIRE" signs be posted.
BUT as a general rule, most locations do have a sign or several posted at the entrances to the complex or parking lots.
This is all that I found about fire lanes there in Millsboro.
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§ 97-9 Fire lanes.
A. The location of a fire lane is dependent upon many considerations, such as occupancy, building height, type of construction and property grade.
B. The following criteria are submitted as a guide for the design and construction of fire lanes:
(1) A fire lane to be used for one-way traffic shall have a minimum width of 24 feet.
(2) A fire lane to be used for two-way traffic shall have a minimum width of 24 feet.
(3) Fire lanes shall be constructed pursuant to the specifications of the Town of Millsboro for street construction.
(4) All places of assembly and commercial establishments shall be provided with a fire lane not less than 24 feet in width. The fire lane shall extend for the entire length of the main area for ingress and egress to the building. The area of building perimeter shall be calculated pursuant to § 97-10G.
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§ 97-17 Stopping, standing or parking in fire lanes; penalty.
A. It shall be unlawful for any person to stop, stand or park a motor vehicle in any place which has been designated and properly identified as a fire lane pursuant to the provisions of this chapter ordinarily designated for a fire hydrant or standpipe connection, except in compliance with the directions of a police officer or traffic control device.
B. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall pay a fine not less than $10 nor more than $25 and shall pay the cost of prosecution, provided that, with the consent in writing of the person charged with the violation under this section, the Chief of Police or his designated representative is authorized to accept and receive, without hearing, not less than $10 as a penalty for such violation.
C. Any police officer of the town, while in the performance of his duty, may remove or cause to be removed any motor vehicle parked, stopped or left standing in a fire lane or in a location so as to cause an obstruction to the accessibility to a fire lane, fire hydrant or standpipe connection. If any motor vehicle is removed pursuant to the provisions of this section before the same shall be released therefrom, the owner or operator shall pay the fine imposed pursuant to the provisions of this section, the costs of removal and a reasonable charge for storage, not to exceed the amount set forth from time to time by the Town Council for each day or part thereof that the vehicle is so stored and any court costs. In addition, said owner or operator shall sign a receipt for such motor vehicle prior to its being released to him by the storage facility. In the event that the payment is made under protest, a bail bond for further appearance shall be posted as required by a court of competent jurisdiction.
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I know that its more of a courtesy to have someplace to find that information but a lot of time HOA's tend to over look what is practical and or ethical (and even legal) as they do have the rights to make their own rules and regulations (covenants) which are over and above most local or state laws...
Now as to notifying the local police department, I really did not find anything that says yes or no, and I have been looking for a while online. I would think that the City might have a requirement for that to be done, but I did not get any hits on that either online.
I wish I could help with more specific information but I just can not find the information it seems
