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Apex, NC Parking Rules: Towing & Impound Rights (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Notice deadline, North Carolina plate
Within 24 hours (Sec. 20-39(a))
Notice deadline, out-of-state plate
Within 72 hours
Probable cause hearing
Set by the county magistrate within 72 hours of the written request (Sec. 20-40)
Release before the hearing
Pay the towing fee or post a bond for double it (Sec. 20-41)
Tow trigger in a time-limited or loading zone
24 hours (Sec. 20-171(a))
Pre-tow windshield notice, unplated vehicle
7 days (Sec. 20-39(b))
Immobilization fee cap
$50.00 (Town Charter Sec. 6.14)
Administering official
Apex chief of police or the chief's designee (Sec. 20-32)

Summary

When the Town of Apex has a vehicle towed, section 20-39 requires notice to the registered owner within 24 hours for a North Carolina plate and 72 hours for an out-of-state one, and section 20-41 lets the owner reclaim the vehicle at any stage by paying the towing fee or posting a bond for double that amount.

[Sec. 20-39] (a)Whenever a motor vehicle with a valid registration plate or registration is towed as provided herein, the authorizing person shall immediately notify the last known registered owner of the vehicle of the following:(1)A description of the vehicle;(2)The place where the vehicle is stored;(3)The violation with which the owner is charged, if any;(4)The procedure the owner must follow to have the vehicle returned to said owner; and(5)The procedure the owner must follow to request a probable cause hearing on the towing. If the vehicle has a North Carolina registration plate or registration, notice shall be given to the owner within 24 hours; if the vehicle is not registered in this state, notice shall be given to the owner within 72 hours... [Sec. 20-40] After the removal of an abandoned vehicle... the owner or any other person entitled to possession is entitled to a hearing for the purpose of determining if probable cause existed for removing the vehicle. A request for hearing must be filed in writing with the county magistrate designated by the chief district court judge to receive such hearing requests. The magistrate will set the hearing within 72 hours of receipt of the request... [Sec. 20-41] At any stage in the proceedings, including before the probable cause hearing, the owner may obtain possession of the owner's vehicle by either paying the towing fee or posting a bond for double the amount of the towing fee.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).

Full Breakdown

The Town of Apex runs two separate towing regimes. Article XI of Chapter 20 governs non-consent tows a private lot owner orders. This page covers the other one: what happens when the town itself has a vehicle towed, and what the registered owner is owed afterward. Chapter 20, Article III is adopted under G.S. 160A-193, 160A-303 and 160A-303.2, and section 20-32 puts the chief of police or the chief's designee in charge of it.

Section 20-171 sets the town's ordinary trigger. A vehicle parked in a time-limited area, a loading zone, or another prohibited zone for 24 hours may be removed to a place of storage and safety. Removal is immediate, with no waiting period, for publicly sanctioned events or emergencies, for a vehicle in a reserved parking zone as defined by section 20-163, and for any vehicle parked so as to cause a danger to other users of the public streets. Subsection (c) makes removal and any storage fee incurred the registered owner's expense. Section 20-170(c) adds a second trigger: failure to pay Apex parking fines, which run $30.00 for most offenses, $50.00 for a fire lane or a blocked hydrant, and $100.00 for a space reserved for persons with disabilities, may itself be cause for towing or immobilization.

The town does not do its own wrecker work. Under section 20-38 the chief of police keeps an eligible list of towing services that apply and qualify to tow and store vehicles from the streets and other public places at the police department's request, and the department may use more than one firm from that list. The town council may instead sign an exclusive written contract specifying the charges for towing and storage. That contract may provide that the town owes the operator nothing for damages or charges and that the charge may be collected solely from the owner of the vehicle involved, so the bill follows the vehicle rather than the town budget.

The notice duty in section 20-39 is the part most owners need. The authorizing person must immediately tell the last known registered owner five things: a description of the vehicle, where it is stored, the violation charged if any, the procedure to get the vehicle back, and the procedure to request a probable cause hearing. The deadline splits on the plate: 24 hours for a North Carolina registration, 72 hours if the vehicle is registered elsewhere. Notice goes by telephone where feasible, and it must be mailed to the last known address whether or not the call succeeds, unless the owner or the owner's agent waives that in writing. For a vehicle with no valid plate, subsection (b) presumes the tower did not make reasonable efforts unless notice was posted on the windshield at least seven days before the tow, except where the vehicle impeded traffic or otherwise jeopardized the public welfare.

Two remedies follow. Section 20-40 gives the owner a probable cause hearing, but not before the town: the written request goes to the county magistrate designated by the chief district court judge, and the magistrate must set the hearing within 72 hours of receiving it. Section 20-41 lets the owner skip the wait. At any stage in the proceedings, including before that hearing, the owner may take the vehicle back by paying the towing fee or by posting a bond for double the amount of the towing fee, which keeps the challenge alive without leaving the car in storage. Section 20-42 handles the other end: an unclaimed vehicle is sold under G.S. 44A-4, 44A-5 and 44A-6 with no hearing beyond the probable cause hearing, and if nobody buys it and its value is less than the lien, the town may authorize its destruction.

One Apex power sits in the town charter rather than the code. Charter section 6.14 lets the town council provide by ordinance for wheel locks on illegally parked vehicles carrying three or more unpaid parking tickets at least 90 days overdue, and requires any such ordinance to include a warning affixed to the vehicle, an appeal hearing, charges for towing and storage, and an immobilization fee capped at $50.00.

Violations & Fines

The cost of a town-ordered tow falls on the registered owner: section 20-171(c) charges removal plus any storage fee to the owner, and section 20-38(b) allows an exclusive towing contract to provide that the charge is collected solely from the vehicle owner rather than the town. Unpaid parking fines may themselves be cause for towing or immobilization under section 20-170(c), with the immobilization fee capped at $50.00 by Town Charter section 6.14. A vehicle left unclaimed is sold under G.S. 44A-4, 44A-5 and 44A-6 per section 20-42, and may be destroyed where no one buys it and its value is less than the lien.

Frequently Asked Questions

How soon does Apex have to tell me my car was towed?
Section 20-39(a) requires notice to the last known registered owner within 24 hours for a North Carolina plate or registration and within 72 hours for an out-of-state one, by telephone if feasible, and mailed to the last known address whether or not the call succeeds unless the owner or the owner's agent waives that in writing.
Can I get my vehicle back before the hearing on whether the tow was justified?
Yes. Section 20-41 lets the owner obtain possession at any stage in the proceedings, including before the probable cause hearing, by either paying the towing fee or posting a bond for double the amount of the towing fee. The double bond gets the vehicle out of storage without conceding that the tow was proper.
Who decides whether the Town of Apex had cause to tow?
Not the town. Under section 20-40 the request goes in writing to the county magistrate designated by the chief district court judge, and the magistrate sets the hearing within 72 hours of receiving it. The magistrate decides only whether probable cause existed for removing the vehicle.
How long can a car sit in an Apex time-limited space before the town tows it?
Section 20-171(a) allows removal to a place of storage and safety after 24 hours in a time-limited area, loading zone, or other prohibited zone. There is no waiting period for publicly sanctioned events or emergencies, for a vehicle in a reserved parking zone under section 20-163, or for a vehicle parked so as to endanger other users of the street.
Can Apex boot my car over unpaid parking tickets?
Town Charter section 6.14 authorizes the council to provide by ordinance for wheel locks on vehicles carrying three or more unpaid parking tickets at least 90 days overdue, and caps the immobilization fee at $50.00 while requiring an appeal hearing. Section 20-170(c) separately says failing to pay parking fines may be cause for towing or immobilization.
What happens if nobody claims the vehicle?
Section 20-42 lets the town authorize disposition by the sale procedure in G.S. 44A-4, 44A-5 and 44A-6, with no hearing beyond the probable cause hearing. If no one buys the vehicle and it is worth less than the lien against it, the town may authorize its destruction, and with the registered owner's consent the town or tow operator may dispose of it without any holding period.

Sources & Official References

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