AGENDA #4j

MEMORANDUM

TO:	Roger L. Stancil, Town Manager
From:	Brian Curran, Chief of Police Lt. Kevin Gunter, Public Information Officer Terrie Gale, Police Attorney
SUBJECT:	Towing from Private Lots
DATE:	January 14, 2008

PURPOSE

This memorandum is in response to a citizen petition concerning the Town ordinance which regulates towing from private property, Chapter 11, Article XIX, Sections 11-301 through 11-304 of the Town Code.   It also addresses additional problems related to towing from private property.

BACKGROUND

At the November 7th meeting, Ms. McCann petitioned the council regarding two cars belonging to her that were towed from the parking lot of Panera Bread on Franklin Street.  In her petition (Attachment 1), the petitioner raises several issues concerning the Town’s ordinance. Specifically, she expresses concerns about provisions regarding the placement, height, and visibility of parking signs; the size of the font on the signs; the enforcement of response time limits for the return of vehicles; whether “booting” would be a viable alternative to towing; and whether the ordinance should designate the amounts which could be charged for towing. 

The Town’s current towing ordinance requires that, in order for property owners to have unauthorized vehicles towed from their property, the property owners must place signs at each access or curb cut allowing vehicle access to their property, within five feet of the street right-of-way line.  The signs must:

• Be permanently installed with the bottom of the sign not less than six feet above ground level and not more than eight feet above ground level. 
• Be at least twenty-four inches by twenty-four inches in size. 
• Include the words “tow-away,” “tow-away zone,” or “towing enforced” in letters at least one and one-half inches high.   A phrase such as “private property,” “leased parking,” “no parking,” “parking for customers only,” or “parking for residents only” must appear in letters at least one inch high. 
• State the particular days and hours during which parking is prohibited, unless parking is forbidden at all times.  
• In letters at least one-half inch high the signs must include the telephone number of a person who is available to answer the phone at all times and who has the authority and ability to release a towed vehicle within thirty minutes of a call.

Currently several downtown business owners have entered into arrangements with towing companies to remove unauthorized vehicles from their lots. 

In addition to the issues discussed in the attached petition, other citizen complaints about towing have been addressed to the Police Department.  The Police Department has received reports from citizens that tow operators have demanded unreasonably large fees, and the Department has dealt with several incidents of verbal disputes and alleged intimidation between a tow operator preparing to tow a vehicle and the owner or operator of the vehicle who has returned to the vehicle prior to its removal.

DISCUSSION

After review of the ordinance requirements, the Police Department has concluded that the current requirements as to the size, placement, and height, and lettering of the parking signs are sufficient to provide the visibility and information needed for persons seeking to park their vehicles in a private lot.  The Department also has concluded that the response time requirements are reasonable.

In the incident involving the petitioner, one vehicle was returned in twenty minutes; the other in forty minutes.  Presumably the tow operator had to make two trips, one after the other, to retrieve and return the vehicles. The ordinance only requires that the tow operator respond to the towed vehicle’s location within thirty minutes of receiving a call. It does not require him to bring the vehicle to the motorist’s location.

After reviewing the incident involving the petitioner’s vehicles, the parking signs at Panera Bread were found to be in violation of the height requirement of the ordinance.  Chapel Hill Code Enforcement Officers informed the responsible party who subsequently took corrective measures.

“Booting” is suggested in the petition as an alternative to towing.  However, this would result in the improperly parked vehicle’s remaining on the property, which may not be a satisfactory resolution for property owners wishing to hold spaces open for their customers.  In addition, it would require purchase of boots by either the tow operator or property owner, an investment they may be hesitant to undertake.

Currently there are no provisions regarding towing fees in the Town ordinance.  Nor does the current ordinance clarify the rights and responsibilities of the tow operator and vehicle operator if the vehicle operator returns as the tow operator is preparing to remove the vehicle. 

For this reason, we propose an amendment to the current ordinance (Attachment 2). Pursuant to this amendment,

• a towing or storage firm which tows or removes a vehicle could not charge the owner or operator of the vehicle in excess of one hundred dollars for the towing or removal, or in excess of twenty dollars per day for storage fees, with no storage fees charged during the first twenty-four hours. 

• if, prior to the tow truck and vehicle having left the property at which the vehicle was parked, the owner or operator or other person able to move the vehicle returns to the property, the tow truck operator would be required to release the vehicle to that person. 

• No fee could be charged unless the vehicle had been attached to the tow truck prior to the arrival of the vehicle operator; if the vehicle were attached to the tow truck, a fee not in excess of fifty dollars could be charged.  These fees would be all- inclusive and payable by check or credit card as well as cash.

In addition, this amendment would require that within thirty minutes after a vehicle had been placed in storage, the tow truck operator who removed the vehicle must report by telephone to the Chapel Hill Police Department that the vehicle has been removed and provide the license number, a description of the vehicle, and its present location. 

These proposed provisions on towing from private lots are similar to the provisions of a City of Raleigh ordinance enacted in 2002, which has not been challenged in court.  We feel that making these changes in the ordinance will help clarify the responsibilities of all parties involved and lessen the likelihood of future incidents.

RECOMMENDATIONS

That, prior to taking action on this proposed ordinance amendment, the Council considers adopting the attached resolution to hold a public hearing to receive public comment of the proposed amendments to the Town’s current ordinance on towing from private property.

ATTACHMENTS

1. Petition regarding no-parking sign ordinance (p. 4).
2. Article XIX Sec. 11-301 through amended 307 (p. 5).