This article shall be known and may be cited as the "Public/Private
Property Towing Ordinance."
The purpose of this article is to provide for a convenient and
regulated towing system for the timely removal of motor vehicles damaged,
abandoned, immobilized, illegally parked, or disabled on public rights-of-way
or on public or private property within the City.
As used in this article, the following terms shall have the
meanings indicated:
BUSINESS
The physical place/establishment where employees report to
work, equipment is stored and dispatched to and from, all company
dealings take place, recordkeeping and daily activity, etc., is performed.
For purposes of this article, a business shall have employees at the
business address at a minimum of normal business hours, which is defined
as 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of national
holidays.
CHIEF OF POLICE
The Chief of Police of the Lancaster City Police Department
or his/her designee.
CITY
The City of Lancaster, County of Lancaster, State of Pennsylvania.
CUSTODIAN
A person having permission from the vehicle owner to exercise
care and/or control over a vehicle.
DEPARTMENT
The Pennsylvania Department of Transportation.
DROP FEE
Is the fee an individual may pay to have a vehicle returned
if it is on or hooked to the tow truck, but the tow truck has not
yet left the location where the care was parked. The drop fee is only
applicable before the tow truck begins to move the vehicle from the
place it was parked.
EVIDENCE TOW
The towing of a vehicle directed by the Lancaster City Police
Department to a lot where such vehicle will be held as evidence in
an ongoing investigation of a crime or ongoing prosecution of a crime.
ORDINANCE, THIS
The Public/Private Property Towing Ordinance of the City
of Lancaster.
PERSON
An individual, firm, sole proprietorship, partnership, association,
employee, corporation, limited liability company, or organization
of any kind.
POLICIES AND PROCEDURES
The policies and procedures promulgated by the Chief of Police
with the approval of the Mayor in accordance with the terms of this
chapter.
PRIVATE PARKING LOT
A nonmunicipal parking lot open to the public or used for
parking without charge, or a nonmunicipal parking lot used for parking
with charge.
PRIVATE PROPERTY
Real property owned by an individual, firm, partnership,
association, corporation, company or organization, including private
parking lots as defined in the Vehicle Code.
PROPERTY OWNER
An individual, firm, partnership, association, corporation,
company, organization, or designee representing the owner of the property
from which the vehicle is being towed.
SNOW EMERGENCY
A snow emergency as declared by the appropriate authorities
of the City of Lancaster in accordance with state law and the ordinances
of the City of Lancaster.
TIMELY RESPONSE
Generally means 20 minutes or less from the time the towing
company is requested until the wrecker arrives at the scene. At times
there may be circumstances beyond a tower's control that makes it
impossible for a towing company to arrive within 20 minutes.
TOWING COMPANY
Any business engaged in providing towing services, including,
but not limited to, the towing, removing, or storing of motor vehicles
at the request of the Municipality or private property owners. This
includes the towing company owner and its employees and agents.
TOWING COMPANY OWNER
Any person(s) having financial interest in a licensed towing
company. This does not include persons who are solely employed by
the towing company.
TOWING ROTATION LIST
The list maintained by the Chief of Police of all towing
companies licensed by the City.
TOWING SERVICES
The towing of vehicles which are abandoned, illegally parked,
parked without authorization of a property owner, disabled or being
repossessed by or on behalf of the holder of a lien against the vehicle
or the lessor of the vehicle.
VEHICLE CODE
Title 75 of the Pennsylvania Consolidated Statutes.
VEHICLE OWNER
The individual or entity to whom a motor vehicle is registered
in the motor vehicle records of any state or country or otherwise
possesses written evidence of such individual's authority to operate
the motor vehicle. For purposes of this article, the term "vehicle
owner" shall not include the lessor of the vehicle or the holder of
a security interest in the vehicle.
WINCHING
When the cable that is attached to a motorized pulley system
is unwound and attached to a vehicle to then place that vehicle in
such a position that the vehicle may either be driven away or conventionally
hooked to a wrecker.
WRECKER
A vehicle designed and used for removing and transporting
motor vehicles. This term shall also include a rollback truck, tow
truck, or other vehicles commonly used to perform towing services.
There are three separate licenses available: a private towing
license, a public towing license and an evidence towing license. The
public towing license is required for any towing company engaged in
the business of towing vehicles at the request of the City from highways,
public rights-of-way or other public property in the City, and the
towing company shall be licensed annually in accordance with the provisions
of this section. The private towing license is required for any towing
company engaged in the business of towing vehicles from private property
in the City, and the towing company shall be licensed annually in
accordance with the provisions of this section. The evidence towing
license is required for any towing company engaging in the business
of performing evidence tows for the City, and the towing company shall
be licensed annually in accordance with the provisions of this section.
A. Application for license. Applications for license shall be submitted
to the Chief of Police upon forms prepared and made available by the
City. The application form(s) shall be properly completed, signed
and accompanied by the application and license fee. The Chief of Police
shall review and inspect the required storage facility and towing
equipment and all applications for compliance with the terms of this
article and other applicable regulations. With the application, the
towing company shall submit to the Chief of Police a complete list
of locations where the towing company is an authorized private property
tow provider, along with that property owner's and manager's contact
information.
B. Issuance of license(s). A private, public and/or evidence towing
license shall be issued only to towing companies that comply with
the provisions of this article.
C. License fee. The license fee under this article for the original
application shall be $700 for the public towing license, $700 for
the private towing license and $700 for the evidence towing license.
These are nonrefundable application fees.
D. Multiple licenses. The application fee for a second license for any
towing company currently licensed (either public, private or evidence
license) at the time of original application shall be $200, and the
application fee for a third license for any towing company currently
licensed (either public, private or evidence license) at the time
of original application shall be $100.
E. License renewal. All licenses, except those terminated for just cause
as provided herein, are subject to an annual renewal fee of $400 for
a single license, $500 for two licenses and $600 for three licenses.
These renewal fees shall be paid within the first quarter of each
calendar year.
F. Resolution. Any of the fees set forth in this §
285-139 and/or in Chapter
285 of the Code of the City of Lancaster, Article
XVII, Towing, may be changed from time to time by resolution of City Council.
G. Denial and revocation of license. Any towing service provider who
has been convicted of violating this ordinance on two occasions, the
dates of the occasions/violations which are within any consecutive
twelve-month period, may be prohibited from obtaining a license under
this ordinance for a period of three years from the date of the second
conviction and shall be prohibited from providing towing services
within the City while so unlicensed. Additionally, upon a licensed
towing company's second such conviction for a violation of this ordinance,
within a twelve-month period, the towing company may have its license
revoked for a period of up to three years by the Chief of Police.
Any license revocation under this provision may be appealed to the
Mayor. Notwithstanding the foregoing, any criminal conviction relating
to towing and/or conduct in providing towing services shall result
in the automatic revocation of any permit issued hereunder.
Towing companies to be licensed under this article to tow vehicles
at the request of the City or private landowners shall meet and maintain
the following minimum requirements:
A. Wreckers and general equipment.
(1)
Business and equipment shall be located within 10 miles of the
City of Lancaster, Pennsylvania.
(a)
Notwithstanding the foregoing, towing companies which, at the
time of the effective date of this ordinance, provide towing services
within the City of Lancaster but do not have their business and equipment
located within such ten-mile radius may, upon submission of all appropriate
applications and fees, be nonetheless licensed to tow within the City
with the approval of the Chief of Police.
(b)
Only if the Chief of Police deems there to be a need to allow
more towing companies to provide towing services controlled by this
article shall a tow company whose business is located outside the
City of Lancaster be allowed to be licensed under this article.
(2)
All wreckers and vehicles shall be clearly marked with the towing
company's name and telephone number marked on each side of the vehicle,
as required by Section 4573 of the Vehicle Code.
(3)
All wreckers and vehicles shall be maintained in safe mechanical
condition and must display current Pennsylvania state inspection and
registration.
(4)
All wreckers and vehicles used for towing must be properly titled
and registered with the Commonwealth of Pennsylvania in conformity
with the Vehicle Code.
(5)
All wreckers and vehicles used for towing must be equipped with
one or more flashing or revolving yellow lights, as required by Section
4572 of the Vehicle Code.
(6)
Towing equipment required. One wrecker with, at a minimum, the
following equipment or specifications:
(a)
Truck 10,000 pounds or greater GVW rating chassis;
(b)
Rear wheel lift with either an integrated or separate boom;
(c)
Winching capability of 8,000 pounds;
(g)
One or two rotating amber overhead lights visible from 360°;
(h)
Clean-up equipment and oil dry or similar approved material;
the ability to communicate immediately with the towing company's dispatcher;
and
(i)
Any other equipment to properly tow vehicles.
(7)
One rollback vehicle (required for public property towing license).
(8)
Wrecker(s) and required towing equipment shall be owned or leased
by the towing company.
(9)
A wrecker used by a City-licensed towing company shall not be
used or operated by any other towing company under this article unless
authorized to do so by the Chief of Police.
B. Storage facilities for vehicles not subject of evidence tow.
(1)
All storage facilities used for impoundment of vehicles towed
at the request of the City/private property owner shall be located
within the City of Lancaster, Pennsylvania, or other such locations
within a ten-mile radius of Lancaster Square as approved by the Chief
of Police.
(2)
The storage facility shall be owned or leased by the towing
company owner.
(3)
The storage facility shall comply with zoning regulations applicable
in the jurisdiction where the facility is located.
(4)
The storage facility shall be, at a minimum, enclosed by a secured
fence or building. When enclosed by a fence, the fence shall be a
minimum of six feet in height and made of a sturdy material such as
a chain link, wooden slats, or other material approved by the Chief
of Police or his designee. All gates shall be secured with locks or
other security mechanisms to reasonably prevent entry by unauthorized
persons.
(5)
The lot and storage facility shall be reasonably well lit to
provide ability for towers/customers to inspect, release, and pick
up vehicles and to provide a safe environment during hours of darkness.
(6)
The towing company owner is responsible for the security of
the stored vehicles.
(7)
The towing company owner shall establish a system convenient
to the vehicle owner to provide for release of towed vehicles from
the storage facility 24 hours a day, daily. At no time shall a towing
company be required to release a vehicle to a visibly intoxicated
individual, to a person who is visibly under the influence of drugs,
or to any individual who is threatening violence or physical harm.
(8)
Release of towed vehicles under the private towing license shall be completed within a two-hour time period following receipt of the request to release the towed vehicle and upon payment of all applicable fees due to the towing company as authorized by §
285-144 of this ordinance. As set forth above, a towing company need not release a vehicle to any person who is visibly intoxicated, who is visibly under the influence of drugs or who is threatening violence or physical harm.
(9)
Release of personal property from a towed vehicle that is not
attached to the vehicle shall be made within a two-hour time period
following receipt of the request to return the property. At any accident
scene, the towing company shall allow release of personal property.
At any other time, the towing company shall allow removal of medications
from the vehicle within a two-hour time period following a receipt
of the request to return the same. No fee shall be charged for the
return of personal property pursuant to this provision. Any other
personal property returned, other than medicine or personal property
returned at an accident scene, shall only be returned upon payment
to the towing company of any and all applicable fees.
C. Storage facilities for vehicles subject of evidence tow.
(1)
All such facilities shall be indoors with at least a six-foot
fence securing the vehicles from patrons and other work being done
within the indoor facility. The fence should be secure with a lock
and key/code, either or both of which should be provided to the Lancaster
City Police Department.
(2)
There should be a sign-in log maintained in an accessible location
for anyone entering the secure area where the vehicles are stored.
(3)
The facility must have sufficient lighting to allow for vehicle
processing and inspection.
(4)
The indoor area designated for vehicle storage should contain
at least 2,000 square feet and should have enough room to allow investigators
to move around the vehicles for processing and photographing.
(5)
The evidence tow license holder should establish systems that
assure that no one from the public be authorized to obtain access
to the area designated for storage of vehicles; that when vehicles
are removed they are removed in such a way as not to disturb the other
vehicles remaining in the facility; and that weekly reports are provided
to the Lancaster City Police Department of vehicles maintained in
the facility.
(6)
The towing company owner shall establish a system convenient
to the Chief of Police to provide for staffing of the facility 24
hours a day, seven days a week, or should otherwise provide an alarm
system satisfactory to the Chief of Police.
(7)
The towing company owner shall establish a system to provide
the Lancaster City Police Department with access to the facility 24
hours a day, seven days a week, within 20 minutes of a request for
access by a representative of the Lancaster City Police Department.
D. Advertising. Towing companies must be listed in the Lancaster classified
section of the current published telephone directory. This listing
must, at minimum, include the company name, business address, and
a business telephone number that is personally answered 24 hours per
day.
E. Insurance.
(1)
Towing companies shall be required to carry insurance with minimum
policy limits as follows:
(a)
Automobile liability insurance in an amount not less than $1,000,000,
combined single limits.
(b)
Workers' compensation insurance, as required by statute.
(c)
Garage keeper's liability insurance in an amount not less than
$75,000 per location.
(d)
Garage liability insurance in an amount not less than $500,000
combined single limit.
(e)
Miscellaneous coverage to provide complete protection to the
City against any and all risks of loss or liability, including comprehensive
general liability.
(f)
Collision coverage for vehicles in tow.
(2)
The City shall be listed as an additional insured party on all
policies, and such policies shall contain a provision requiring notification
to the City prior to any policy revision or termination. Copies of
the policy and articles of insurance shall be provided to the Chief
of Police.
F. Criminal record.
(1)
No towing company owner shall have any misdemeanor and/or felony
criminal convictions for criminal violations that would be inconsistent
with providing professional towing services, including, but not limited
to, conviction(s) for the following violations of the Pennsylvania
Crimes Code:
|
Chapter 25
|
Criminal homicide
|
|
Chapter 29
|
Kidnapping
|
|
Chapter 31
|
Sexual offenses
|
|
Section 3502
|
Burglary
|
|
Section 3921
|
Theft by unlawful taking or disposition
|
|
Section 3922
|
Theft by deception
|
|
Section 3925
|
Receiving stolen property
|
|
Section 4101
|
Forgery
|
|
Section 4104
|
Tampering with records or identification
|
|
Section 4107
|
Deceptive business practices
|
|
Section 4117
|
Insurance fraud
|
(2)
For companies applying for and/or holding public or private
towing licenses under this ordinance, upon request of such company,
the Chief of Police may waive the provisions of this section. Any
denial of the same by the Chief may be appealed to the Mayor of the
City of Lancaster, who will base his or her decision on the time that
has lapsed since the criminal conviction and the nature of the charge.
G. Criminal background checks for evidence tows. Any towing companies
holding an evidence tow license shall submit upon request from the
Chief of Police lists of all employees providing security at the facility
used to store the vehicles and any and all employees actually performing
the evidence tows and hereby authorize the Lancaster City Police Department
to run criminal background checks on all such employees. Should the
Lancaster City Police Department determine that any individual or
employee does not satisfy the Chief of Police's requirements regarding
the criminal background of those employees, those employees shall
not be authorized to handle any matters on behalf of the City or have
access to the facilities where towed vehicles are stored.
H. Property, business privilege, mercantile, or municipal taxes and
fees. No towing company shall receive a license or license renewal
if the towing company has not paid its property taxes or any other
municipal fee or tax as required under City of Lancaster ordinances.
I. Registration. Towing companies must be registered by the Pennsylvania
Department of Transportation as a miscellaneous vehicle business as
required by Section 1337 of the Vehicle Code.
J. License. Towing companies must maintain a license from the Commonwealth
of Pennsylvania Department of State to collect sales tax.
K. Licensed drivers. Towing companies must assure that all its drivers
have and maintain valid driver's licenses within the Commonwealth
of Pennsylvania.
L. Photographs. Holders of all towing company licenses, whether they
be public, private or evidence, shall annually submit to the Lancaster
City Police Department photographs of the lots or storage facilities
sufficient to assure that the requirements regarding such lots are
being satisfied and shall make such lots accessible to the Lancaster
City Police Department upon their request for inspection.
M. Inspections. The Chief of Police may from time to time inspect equipment
utilized by towing companies, storage facilities utilized by towing
companies, and any and all relevant business documentation of towing
companies for compliance with the terms of this ordinance.
N. Submission of fee schedule. With each application for license or renewal, the towing company shall submit its fee schedule for services consistent with those set forth in §
285-144 and may not change those fees prior to submitting its next application for license or license renewal without the consent of the Chief of Police.
This section only applies to towing companies holding current public towing licenses, as provided for in this article. The Chief of Police shall maintain the list of licensed towing companies, listed alphabetically, requested by authorized City employees on a rotating basis. "Rotating basis" means the towing company appearing on top of the list shall be requested first to do the tow. Once the towing company on the top of the list is requested, that name shall be placed on the bottom of the list. Thereafter, for each subsequent request, the process shall be repeated. The towing company listed on the top shall be requested and that name then moved to the bottom. When the towing company on the top of the list is called for a towing request and fails to answer the telephone, or fails to accept the tow, that company shall be moved to the bottom of the list and the next name on the list will be requested. If a towing company on the top of the list is requested but prior to providing the towing services the request is canceled, that towing company shall be placed back on top of the towing rotation list to receive the next request. This rotation may be waived when, in the opinion of a City employee, the immediate removal of a vehicle(s) is critical to public safety, health, or welfare. The towing rotation set forth in this §
285-141 shall not apply to evidence tows. Procedures for assigning evidence tows shall be set forth in the Policies and Procedures promulgated by the Chief of Police with approval of the Mayor in accordance with the terms of this chapter. Additionally, the rotation provisions of this §
285-141 shall not apply to tows which are the result of the declaration of a snow emergency. Rotation provisions for public tows during a snow emergency shall also be set forth in the aforementioned Policies and Procedures. Notwithstanding the foregoing, the Chief of Police, in his sole discretion, may, in an emergency situation, ignore the rotation list and request a tow from the nearest available towing company.
It shall be a prohibited act for any towing company to:
A. Subcontract towing services requested by the City, except as otherwise
permitted under this ordinance.
B. Tow or move a vehicle from or within public rights-of-way or public
property without the consent of the owner or operator or without authorization
from the City.
C. Tow or move a vehicle from or within private property without authorization
from the property owner.
D. Tow or move a vehicle from or within private property in violation
of the requirements of this article.
E. Charge or provide a written quote or invoice or collect fees in excess of those specifically designated in §
285-144.
F. Falsify any information with regard to the application.
G. Remove a motor vehicle from private property without using a wrecker.
H. Remove a motor vehicle from private property before completing every
procedure required to secure the motor vehicle to the wrecker, including
the attachment of any safety chains, so that the motor vehicle may
be safely towed.
I. No towing company or employee shall respond to the scene of an accident
to circumvent the towing rotation by soliciting a tow directly from
an involved party to the accident.
Fees for towing and storage services charged by towing companies
must be consistent with the schedule of fees submitted by the said
towing company with its application for license or renewal of license.
No additional fees may be charged other than those provided in the
schedule of fees so submitted, and towing companies may not change
their fees prior to the submission of their next application for license
or renewal, at which time they may submit a new schedule of fees,
for which they will be bound until their next license renewal.
Within one hour from the time of removal of any vehicle by an
authorized and licensed towing company, the Lancaster City Police
Department shall be notified, by providing the Lancaster City Police
Department with a copy (or facsimile) of the written authorization,
and shall include the following information:
A. The make, model, color, and registration number.
C. Address from where vehicle was removed.
D. Date and time of removal.
F. Name and twenty-four-hour telephone number of the towing company.
G. Location where the vehicle may be claimed by the owner.
By the next business day, from the time of removal of any vehicle
illegally parked or immobilized, notice of the fact of the removal
and impounding shall be sent, in writing, by the Lancaster City Police
Department to the registered owner of the vehicle. The notice shall
advise the location from where such vehicle was removed, the reason
for its removal, and the location of the storage facility where the
vehicle is impounded.
No motor vehicle shall be removed from private property, except
as authorized in Subsection B hereof, under the authority of this
article unless:
A. Written authorization (which can be provided by facsimile or e-mail)
for the vehicle to be removed is provided to the authorized towing
company, in duplicate, signed by the owner or agent of the owner or
the person having control of the property upon which the vehicle is
left unattended. The authorization form shall be similar to the one
hereinafter set forth and shall be completed at the time the vehicle
is to be towed by the aforementioned person or persons.
|
You are hereby authorized to tow the following illegally parked
vehicle from the parking lot/space indicated below. This lot is either
owned and/or leased by (name of lot owner/manager).
|
|
The vehicle and location are described as follows:
|
|
MAKE
|
|
MODEL
|
|
YEAR
|
|
COLOR
|
|
LICENSE NUMBER AND STATE
|
|
LOT/LOCATION
|
|
Name/Address of Towing/Immobilizing Service:
|
|
Authorized signature
|
|
Please print name here
|
B. No vehicle shall be towed from a private parking lot unless the lot is posted at the time the vehicle is towed to notify the public of any parking restrictions and the operator of the vehicle violates those restrictions. Posting shall be in conformance to the Rules and Regulations set forth in Annex A, Title 67, Transportation, Part I, Department of Transportation, Subpart A, Vehicle Code Provisions, Article
VIII, Administration and Enforcement, Chapter 212.115, Posting of private parking lots. The towing company is also required to include its telephone
number on all signs.
C. Signs as required in Subsection
B hereof and, in addition to the number of signs required by Subsection
B hereof, shall be in place and evenly spaced in the parking lot based upon the number of available parking spaces as follows:
|
Number of Parking Spaces
|
Number of Additional Signs Required
|
---|
|
26 to 50
|
1
|
|
51 to 75
|
2
|
|
76 to 100
|
3 Etc.
|
D. In addition to the posting of private parking lots as required in Subsection
B hereof, the Chief of Police may require additional signs be posted and/or that the posted signs be altered.
E. Each towing service provider shall use reasonable efforts to determine
if the person requesting the towing of the vehicle is the vehicle
owner. All towing service providers shall notify the Lancaster City
Police Department of each motor vehicle which they tow at the request
of a person other than the vehicle owner and shall provide information
as set forth herein and any additional information designated by the
Chief of Police or his designee.
F. At a minimum, the towing service provider shall provide the following
information with respect to each motor vehicle towed at the request
of a person other than the property owner:
(1)
Make and model of vehicle;
(3)
License plate number (including state) of the vehicle;
(4)
Vehicle identification number;
(5)
The reason the vehicle was towed;
(6)
The name of the person requesting the towing service;
(7)
Location from which the vehicle was towed;
(8)
Location to which the vehicle was towed;
(9)
The name of the towing service provider; and
(10)
Telephone number or address at which the vehicle owner can arrange
for the return of the vehicle.
G. The towing service provider shall submit the information required
by this section within one hour of the completion of the towing service.
The towing service provider may provide the information to the Lancaster
City Police Department by telephone or facsimile transmission (upon
a form prepared by the Chief of Police or his designee). For purposes
of this section, towing services shall be deemed to be complete upon
the removal of the vehicle from the location within the City at which
the vehicle was previously located before the provision of towing
services.
H. Notwithstanding the foregoing, should the towing company have a written
agreement with the private property owner to allow for towing of vehicles
whose license number is not on record with the towing company as being
authorized to park in the private property owner's lot and is parked
there, that towing service may be performed without the written notice
required by this section. If the agreement allows, permitted cars
may even be towed upon a finding of unusual or special circumstances.
The payments of any towing and storage charges, authorized by
this article shall, unless made "under protest," be final and conclusive
and shall constitute a waiver of any right to recover the fees paid.
The Chief of Police or designee shall keep a record of all illegally
parked and/or immobilized vehicles impounded and shall be able at
all reasonable times to furnish the owners/custodians with information
as to the location of the storage facility where such vehicles are
impounded.
The payment of towing and storage charges authorized by this
article shall not operate to relieve the owner or operator of any
vehicle from liability for any fine or penalty for violation of any
law or ordinance on account of which such vehicle was removed and
impounded.
The Chief of Police shall notify the towing company owner within
14 days of receipt of any complaint against a towing company that
will be investigated by the Lancaster City Police Department. Complaints
by City of Lancaster employees against a towing company shall be brought
to the attention of the Chief of Police within seven calendar days.
Towing companies are prohibited, either directly or indirectly, from giving or furnishing a rebate or payment of money or any other valuable consideration to a property owner from whose premises the towing company has, is about to, or will remove motor vehicles. Property owners are prohibited from accepting or giving, either directly or indirectly, any rebate, payment of money, or any other valuable consideration from or to a towing company in connection with the removal of a motor vehicle from private property except for signs and notices as required in §
285-148. This section is not intended to prohibit the issuance of parking tickets to illegally parked vehicles.
Towing companies are not entitled to a warning for violation
of any provisions of this chapter and may have their license suspended
or terminated by the Chief of Police for the first and/or subsequent
violations of that section. For such a suspension or termination,
or any other suspension or termination of its license in accordance
with any other provisions of this ordinance, the towing company shall
be notified in writing no less than five calendar days prior to the
suspension or termination of its license. The notice of suspension
or termination shall state the reason(s) for suspension or termination
and the effective date of termination. The towing company shall have
14 calendar days to appeal the suspension or termination in writing
to the Chief of Police. The Chief of Police or his/her designee shall
hold the hearing within 10 calendar days of written receipt of the
towing company's request for an appeal and shall render written decision
within five days of the decision of the hearing. The towing company
may appeal the Chief's decision, in writing, to the Mayor within 10
calendar days of the receipt of the Chief's decision. The Mayor's
decision may be appealed to City Council. City Council will research
such appeals at its next regularly scheduled meeting, to allow at
least two weeks after the date of the written decision of the Chief
of Police. Any towing company may follow the set procedure to appeal
the denial of a license application or renewal application.
Upon conviction of a first violation of any provision of this
article, a towing company may be fined a penalty between $200 and
$400; for a second violation, a penalty between $300 and $600; and
for a third violation, up to $1,000. In the absence of payment of
any such penalty, the violator may be sentenced to imprisonment of
up 90 days. Additionally, upon two convictions of any provisions of
this article within a twelve-month period, a towing company may have
its license revoked for a period of up to three years by the Chief
of Police. Any revocation under this provision by the Chief of Police
may be appealed to the Mayor.
The Chief of Police, with approval of the Mayor, may promulgate
policies and procedures for dealing with the implementation of the
provisions of this chapter. All of the definitions and terms of this
chapter are incorporated by reference into such policies and procedures,
and a violation of any of the terms of the policies and procedures
shall be deemed a violation of this chapter subject to the penalties
set forth above. The Chief of Police, in his promulgated policies
and procedures, may elect to issue only one evidence towing license
per year. Should the Chief of Police so elect, the award of a contract
for providing evidence towing services and storage shall be handled
in accordance with state law regarding the bidding and/or solicitation
of contracts, and the issuance of an evidence towing license shall
be a condition for the award of the bid.