Sec. 3. A towing company that tows a motor vehicle under this chapter shall ensure that the motor vehicle is towed to:
(1) a storage facility within forty (40) miles of the location of the tow-away zone from which the motor vehicle was removed; or
(2) if there is no storage facility within forty (40) miles of the location of the tow-away zone, to the storage facility nearest to the tow-away zone that has been approved by the commercial private property owner from where the motor vehicle was towed.