§ 8-117. Nonconsent tow regulations  

Latest version.
  • (a) A person who performs a nonconsent tow in the city may not operate or permit another person to operate an auto wrecker on a public roadway in the city unless the person has a current wrecker driver license issued by the city.

    (b) A private storage lot owned or used by a towing company to store a motor vehicle subject to a nonconsent tow must be located within the city limits.

    (c) A towing company that performs a nonconsent tow of a motor vehicle:

    (1) Shall immediately tow the motor vehicle to a private storage lot located within the city limits; and

    (2) May not unload the towed motor vehicle at a place other than the private storage lot.

    (d) Notwithstanding the foregoing, a towing company that performs a nonconsent tow of a motor vehicle may unload a motor vehicle at a place other than its private storage lot only:

    (1) If safety reasons or mechanical breakdown require the transfer of the motor vehicle to another tow truck;

    (2) To transfer the motor vehicle to another tow truck, within 100 feet of the private property, if the original tow truck is the company's only available truck that is capable of entering the property and removing a motor vehicle, and the original truck is needed immediately for additional towing; or

    (3) The towing company agrees to take the motor vehicle to a location designated by the vehicle owner, provided that, in the event of a police-authorized tow, if the motor vehicle is unloaded at a location that is more than twenty miles from the site of the tow, the vehicle owner shall pay the towing company a mileage fee, in addition to the service charge for the tow established pursuant to section 8-123. A mileage fee assessed under this subsection shall be calculated by multiplying the number of miles in excess of twenty miles by an amount that is not greater than two percent of the applicable service charge for the tow.

    (e) A towing company that transfers a motor vehicle to another tow truck pursuant to subsection (d)(1) or (d)(2) may not charge an additional fee for the transfer.

    (f) Once a law enforcement officer has authorized a tow under this section, the wrecker slip has been signed and the services commenced, the services shall remain nonconsent towing services under the auspices of the authorizing agency and may not be changed to a consent tow.

(Ord. No. 04-497, § 3, 5-26-04; Ord. No. 09-1135, § 6, 11-18-09; Ord. No. 09-1347, § 2, 12-16-09; Ord. No. 2011-1012, § 4, 11-30-2011, eff. 1-1-2012; Ord. No. 2014-482, § 5, 5-28-2014)