Loading...
19940628 1994-16ORDINANCE NO. 1994- 16 IN ORDINANCE AMENDING AND REENACTING SECTION 13-46, DIVISION l, ARTICLE II, CHAPTER 13 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA AND ENACTING A NEW SECTION 13-46.1, DIVISION 1, ARTICLE II, CHAPTER 13 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA RELATING TO TOWING AND STORAGE OF VEHICLES UNLAWFULLY PARKED ON PROPERTY. 1. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Section 13-46, Division 1, Article II, Chapter 13 of the Code of the City of Fairfax, Virginia is hereby amended and reenacted in its entirety to read as follows: Section 13-46. Removal and disposition of vehicles unlawfully parked on private or City pro_oerty. (a) It shall be lawful for any owner, operator, lessee, or authorized agent ther-eog of the one having control of the premises, of any parking lot, ov parking area or parking space therein ov-pa~-t-hereof or any part of a parking lot or area or of any other lot or building, including the city, to have any motor vehicle or other vehicle occupying such lot, area, space or building or part thereof without the permission of such owner, operator, lessee or authorized agent of the one having control of such premises removed by towing or otherwise, to a tieensed-~ar~-~-st~-storage site which meets the requirements of this Section and Section 13-46.1 until called for by the owner or his agent; provided, that the following conditions are met: m~6c-e-of-sueh--aetio~-shat~-be-f~st-o~-simutmaeoust~-ther~wi:t-h-g~en-a toea[ - la-w-- e~ for-c-emem--offieer-; .... provided-- fu-r-ther~- -that--h¥-the--evem--og-sueh--removat--a~ storage,--the- owae~-of-the-vehi¢te--i-nvol-ved-shal-l--be-ehar-geable- w~th-,-~-s~- ~-m~-~ held- fo~:r -a-~reasoaable- charge- fo~ -its -r-emoval--a~-storage-.---PJ1--busiaesses-eagaged-i~-mwing vehi ete~-wit-hout -~he, -eoa sen[ -of--thei ~-owner-s-shatt- -promi~en ti-y- {[isptas~-at- the~ -mal~-plaee- ot~ busi~ss-a- -c-omprehensi-ve- -list- o~:- at ½ - thei-~ -fees- -for- towing-,- -recover, - ea~d,-storag e- -serv-iees;-o~ the -basis- of-such- c-barges: - - C- ha~ges -ie- e-x-eess -of-these- p,~sted-shalt- -aot-be-eotteetable ~rc, m- moto~-vehic-le-owner- whose~-vehiele-is-towed,-~ec-overed;-or--sto~'e~-wilJaou~-his- eo~sent:- -If- the owaer--of--the-trespassiag--vehiete--is -p~'esent - -aad-~'emoves--the-- t~espassing--vehiete--gr-om-the pr-emi scs- -before- i ~ -is -actual~l-y- towe~,- the -tr-espassing-vehi c~e- -shall-not-be -tow ed;-bu[ -t-he- ~-the-~respassir~g--vehie~e--shall-~be-~ab~e-.for--a--r-easenab~-fee.,--~t--to-~neeed--twenty-five dol~l-ars- ~-$2-5.-00)r -i~-lieu--of- -towhqg-.- - - ~r~ - lieu--of--hay[ag - s~ -v~gt*~mv~- ~y-~wi~-~ otherwise-,- -i-t- shalt -be -t-aw rut--for - such- ow m~ r -opera-to~ r -lessee r -or- -authorized- agetq-t- -to--ea-u se-to have--a:-d u-l-y -authorized- taw- ea for¢-emem-of~fice~:-o~'- paddng-enforeemen~ -official- is sue ;-o~ -~ueh 1994-16 2 pi~emises-;-/~-sa-mmoas-to--the-~egiste~ed--ov~er- of-saelvve~--T4is-~~t-~-a~t~to emergeriey; 2o~parked- or -lef~-temporm'-ity- ~pon- ~he-property ~-~r ~ (1) The property owner, operator, lessee or other authorized agent of the parking 10t, parking area or parking space shall erect and maintain a permanent sign, readable during daytime and nighttime hours, conspicuously posted at all entrances to the parking lot or parking area on the property, notifying the public of parking restrictions and that vehicles parked without permission will be removed by towing or immobilization. The signs must have wording that indicates "private property," "reserved parking," or otherwise reasonably informs the public of parking restrictions and that towing of vehicles may occur. The words "If towed, call BSfi-7924" must be affixed to the front of each sign; provided, however, that the requirement for signs shall not apply on any property used at the time of removal for one (1) single family residence or (1) two-family residence. (2) A tow truck operator who tows a trespassing vehicle parked in violation of the pOSted parking restrictions, from private or city property shall immediately notify the Fairfax City Police Department Communications Center (FCPDCC). (a) It shall be unlawful to fail to report such tow as required by this Section and violation of the reporting requirement of this Section shall constitute a traffic infraction punishable by a fine of not more than $100.00. (b) Such failure to report shall limit the amount which may be charged for the storage and safekeeping of the towed vehicle to an amount no greater than that charged for one day of storage and safekeeping. (c) The tow truck operator shall inform the law enforcement personnel of: (i) the name of the tow truck operator and the tow company removing the vehicle; (ii) the make, model, color, year, vehicle identification number and the license plate of the towed vehicle: (iii) the address the vehicle was towed from; (iv) the time that the vehicle was towed; and (v) the storage site where the vehicle is located. (d) Upon removal and storage of a vehicle, the vehicle owner may be charged and the vehicle may be held for a reasonable fee as set forth herein, in Section 1B-46,1 and Virginia Code 46.2-12BB. 1 for the removal and storage. (B) The property owner, operator or lessee of the premises on which the trespassing vehicle is parked has directly, or through an agent, expressly authorized the 1994-16 3 towing of the particular vehicle, or has by a written agreement or contract delegated to a tow company and such company's tow truck operators, the authority to make the decision to remove a trespassing vehicle without express authorization. For each vehicle towed, a tOW company shall maintain for a period of six months, a record of the authorization to tow, including: (i) the information required to be provided to the FCPDCC or other state or local law enforcement agency pursuant to subsection (a) (2) of this Article; (ii) the reason for the tow: (iii) the name. address, telephone number and authority of the person authorizing the tow, and that individual's signature, if expressly authorized; or, (iv) reference to the written agreement delegating authority to the tow company and its tow truck operators to tOW vehicles from the premises. (4) Notwithstanding the foregoing provisions of this Section, if the owner or operator of the trespassing vehicle is present and removes the trespassing vehicle from the premises before it is connected to the towing vehicle, the owner or operator shall not be charged any fee; if the towing vehicle has been connected to the trespassing vehicle, the trespassing vehicle shall not be towed, but the owner or operator of the trespassing vehicle shall be liable for a reasonable fee, not to exceed twenty-five dollars, in lieu of towing, provided that the owner or operator of the trespassing vehicle forthwith removes the trespassing vehicle from the premises. (5) In lieu of having a trespassing vehicle removed by towing or otherwise, the owner, operator, lessee, or other authorized agent of the premises on which the trespassing vehicle is parked may cause the vehicle to be immobilized by a boot or other device that prevents a vehicle from being moved by preventing a wheel from turning, provided that the boot or other device does not damage the vehicle or wheel. The charge for removal of such device shall not exceed twenty-five dollars. {6) In lieu of having such vehicle removed by towing or otherwise, or causing the vehicle to be immobilized, the owner, operator, lessee or other authorized agent of the premises on which the trespassing vehicle is parked, may request that a duly authorized parking enforcement official or law enforcement officer issue, on the premises, a notice of the violation of an applicable parking ordinance to the registered owner of the vehicle. (b) This Section shall not apply vehicle because of a wreck or other property of another. to police, fire or public health vehicles or where a emergency, is parked or left temporarily upon the 1994-16 -4- (c) The provisions of this Section shall not be construed to prohibit vehicles from being towed when otherwise permitted by law. (d) All towing companies and operators removing vehicles pursuant tO this section and the storage sites used by the towing operators and companies must comply with the requirements of Section 13-46.1. 2. BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia, that a new Section 13-46.1, Division 1, Article II, Chapter 13 of the Code of the City of Fairfax, Virginia is hereby enacted to read in its entirety as follows: Section 13-46.1. Regulation of Towing Operators and Storage Sites. (a) A tow truck company or operator shall not tow a motor vehicle from private pro_verty unless the property owner has, directly or through an agent, expressly authorized the towing of the particular vehicle. However, a tow company or tow operator, to whom the authority to make the decision to remove a trespassing vehicle has been delegated by the property owner or the the owner's agent, may remove the trespassing vehicle at any time. Such company or operator must comply with all the requirements of this Section and applicable provisions of Section 13-46. A tow company or tow truck operator tO whom the authority to make a decision to remove a trespassing vehicle has been delegated, shall not tow or remove a vehicle from private property unless the vehicle is parked in violation of restrictions posted on the sign required by subsection (a) of Section 13-46. (b) Every site to which trespassing vehicles are towed shall comply with the following requirements: (1) A tow truck operator must tow each vehicle to a storage site located within the boundaries of the City of Fairfax. (2) A storage site shall be lighted during the hours of darkness to afford distinct visibility to all portions of the facility, (3) A towed vehicle shall not be stored more than a reasonable walking distance from the area where towing and storage fee payments are received. (4) The tow company and operator shall exercise reasonable care to keep the towed vehicle and its contents secure at all times. (5) Personal property in the vehicle must be released in accordance with State Law. 1994-16 -5- (6) Whenever the storage lot is closed, a conspicuous sign must be posted at the entrance of the storage lot which provides instructions and a local telephone number for obtaining release of a vehicle when the lot is not open. (7) The local telephone number posted in the notice required by the preceding subsection shall be answered twenty-four (24) hours a day. (8) The towed vehicle shall be available for release within one hour from the time the owner calls for the vehicle. (c) All towing companies and operators engaged in the business of towing vehicles from private property without the consent of the vehicle owner, shall register the followin~ information with the Virginia Department of Consumer Affairs. (1) Name, business address and telephone number of the towing company; and (2) Address of each storage site to which trespassing vehicles are towed. (d) Every tow operator or company which engages in the towing of trespassing vehicles shall prominently display at the place where payment is made, a comprehensive list of all its fees for towing, recovery and storage services and the company's normal business hours, (1) Towing operators or companies may not charge additional fees for the use of a cable, flatbed, or dolly. Fees for extensive and unusual recovery and towing operations, including but not limited to the use of speciality equipment, may be charged at a reasonable rate. (2) In all cases where a fee is paid, the tow truck company or operator must. provide the vehicle owner with a receipt that bears the complete name and address and telephone number of the tow truck company or operator. Such receipt shall itemize all fees assessed in the towing, storage and release of said vehicles. Such receipt shall include a printed notice stating that tow companies and/or operators shall agree to mediate all complaints submitted to the Virginia Department of Consumer Affairs for resolution. (e) A tow company or tow truck operator shall not require a vehicle owner to sign any waiver of the owner's right to receive compensation for damages to the owner's vehicle as a condition of the owner retrieving the towed vehicle. (f) A tow company or operator shall prominently display at the storage site, in a conspicuous place of the portion of the premises normally used for receipt of payment, a sign which is readily noticeable and readable that shall inform customers that they may contact the Virginia Department of Consumer Affairs and list the Department's telephone number for 1994-16 -6- assistance. (g) A tow company or tow truck operator shall neither offer nor give any rebate. payment or other compensation to a property owner or other person contracting for, authorizing or requesting the towing or removal of a vehicle. (h) Except as otherwise provided, any violation of this Section shall be punishable as a Class 3 misdemeanor. This Section shall not apply to vehicles towed, stored, or both towed and stored at the request of a law enforcement officer. 3. This ordinance shall become effective on January 1, 1995. INTRODUCED ' dune 14, 1994 PUBLIC HEARING: June 28, 1994 ADOPTED - June 28, 1994 Mayor Date Attest: (~ City© Clerk