Legal Towing Charges Ordinance

LEGAL TOWING CHARGES ORDINANCE

Be it ordained by the City Council of , located in the County of , that Ordinance Number is enacted on .

RECITALS

WHEREAS, the City Council finds that unauthorized or improperly charged towing and storage practices can impose undue economic burdens on vehicle owners and frustrate the public interest in predictable, transparent municipal regulation; and

WHEREAS, the City has authority under its police powers to regulate towing, storage, notice, and fees to protect public safety and consumer rights and to prescribe maximum reasonable charges for services provided by towing operators within the City limits; and

WHEREAS, it is the intent of this Ordinance to establish uniform maximum charges, release procedures, recordkeeping requirements, and remedies to ensure towing practices are reasonable, transparent, and subject to municipal oversight.

NOW, THEREFORE, BE IT ORDAINED by the City Council of as follows:

SECTION 1 — DEFINITIONS

For purposes of this Ordinance, the following definitions apply:

"Towing operator" means any person or business that tows, stores, or removes vehicles for compensation within the corporate limits of the City. "Vehicle owner" means the person in whose name the vehicle is registered or a person who presents lawful proof of ownership. "Impound" or "impoundment" means removal and storage of a vehicle by a towing operator at the direction of the City or pursuant to private property authorization.

SECTION 2 — SCOPE AND APPLICABILITY

This Ordinance applies to all tows and vehicle storage actions initiated within the City, whether by or at the direction of a governmental agency, private property owner, business association, or other authorized party. Exceptions may be made only where state or federal law requires a different procedure.

Applies to: City-owned property tows Private property tows Emergency or public-safety tows

SECTION 3 — MAXIMUM ALLOWABLE CHARGES

No towing operator shall charge a vehicle owner, lienholder, or other responsible party an amount exceeding the maximum amounts set forth in this Section. Charges shall be itemized on any invoice provided to the vehicle owner.

(a) Base tow fee (standard light vehicle): $

(b) Hookup or winching fee (if applicable): $

(c) Mileage rate per mile (after initial base distance): $ per mile

(d) Storage fee per calendar day: $

(e) Administrative release fee (where applicable): $

(f) After-hours surcharge (applies to releases requested outside normal business hours): $

(g) The total amount charged for towing and storage for any single incident shall not exceed $ unless itemized extraordinary services are rendered and documented in accordance with Section 4.

SECTION 4 — RELEASE PROCEDURES AND DOCUMENTATION

(a) A towing operator shall release a vehicle upon presentation of:

- Government-issued photo identification and proof of vehicle ownership or proper authorization. Towing operators may require a notarized statement only where reasonable doubt exists regarding ownership. Proof presented must be copied and retained with the release documentation.

(b) A towing operator shall provide an itemized invoice at the time of release that lists the date and time of tow, towing operator name and address, storage location and address, itemized fees, and the legal basis for the tow.

SECTION 5 — NOTICE TO OWNER AND LIEN PROCEDURES

(a) If the identity or location of the owner is known, the towing operator shall make reasonable efforts to notify the owner of the vehicle within days of impoundment. If the date is not known, notify within days.

(b) Storage lien procedures shall commence after a period of calendar days of storage, subject to any shorter period required by state law. Towing operators must comply with statutory notice and sale procedures before disposing of or selling a vehicle.

SECTION 6 — APPEALS AND DISPUTE RESOLUTION

A person aggrieved by a tow or charge may file an administrative appeal with the City within days following release or notice of sale. The City shall establish a prompt hearing process; pending appeal, the City may order provisional relief, including reduction or refund of fees where charges are found to be excessive or improperly assessed.

SECTION 7 — ENFORCEMENT, PENALTIES, AND SUSPENSION

(a) The City may inspect towing operator records, impound facilities, and invoices to ensure compliance. Failure to comply with this Ordinance may result in administrative fines, suspension or revocation of municipal towing authorization, and other remedies as provided by law.

(b) A towing operator found to knowingly charge amounts in excess of the limits in Section 3 shall be subject to civil penalties of up to $ per violation, plus restitution to affected persons.

SECTION 8 — RECORDS AND REPORTING

Towing operators shall retain legible records of every tow, including time and date of tow, vehicle description and VIN, tow origin and destination, identity of person authorizing tow, invoices issued, and proof of ownership presented. Records shall be maintained for a period of not less than and shall be produced to the City upon request.

SECTION 9 — LIABILITY AND INDEMNIFICATION

Towing operators shall be liable for damage resulting from negligence or willful misconduct in the towing or storage of vehicles and shall indemnify, defend, and hold the City harmless from claims arising out of towing operations except to the extent caused by the City's sole negligence.

SECTION 10 — MISCELLANEOUS PROVISIONS

Governing Law: This Ordinance shall be governed by and construed in accordance with the laws of the State in which the City is located.

Entire Agreement: This Ordinance constitutes the entire municipal regulation of maximum towing and storage charges within the City and supersedes any inconsistent municipal rules to the extent permitted by law.

Severability: If any provision, clause, sentence, or part of this Ordinance or the application thereof to any person or circumstance shall be held invalid, the remainder of this Ordinance shall not be affected thereby.

Amendments: This Ordinance may be amended only by action of the City Council as provided by municipal charter and applicable law.

Notices: Notices required by this Ordinance shall be in writing and delivered to the addresses on file for towing operators or vehicle owners; notice by certified mail, personal delivery, or other reliable method is sufficient for administrative purposes.

Introduced by Council Member:

Passed by the City Council on: . Approved by the Mayor on: .

Effective Date: .

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