Title
Towing and Booting Businesses Ordinance Amendment
Action
Action:
Approve the Community Safety Committee recommendation to adopt an ordinance amending Chapter 6 of the Charlotte Code entitled “Towing and Booting Businesses.”
Body
Committee Chair:
Council member Claire Fallon
Staff Resource(s):
Rich Austin, Police
Richard Perlungher, Police
Explanation
§ In 2003, the City Council enacted a Towing and Booting Businesses Ordinance (Ordinance). The City Council amended the Ordinance in February 2011 and set fees for services and implemented signage requirements for the nonconsensual towing and booting of vehicles from private parking lots.
§ On June 12, 2014, the North Carolina Supreme Court issued a unanimous opinion in the case of George King d/b/a George’s Towing and Recovery v. Town of Chapel Hill. The Court held that municipalities do not have the authority to impose a fee schedule or otherwise cap fees for nonconsensual towing from private lots. The Court did uphold the ordinance’s notice and signage provisions and the requirement that towing companies accept cash, debit cards, and at least two major credit cards.
§ The proposed Ordinance amends the following language:
- Booting service will be defined as “any person or other entity, whether licensed or not, that engages in or who owns or operates a business, which engages, in whole or in part, in the booting or immobilization of motor vehicles for compensation.”
- Exempts driveways, lawns or yards, of property owned or leased as a family residence from the definition of a private parking lot.
- Requires that wheel locks be manufactured as well as designed to immobilize a motor vehicle.
- Removes fee caps for services from the Ordinance.
- Requires that the maximum amount of fees and charges for the following be posted on signs:
o booting or immobilizing a vehicle by use of a wheel lock;
o securing a vehicle to a tow truck by a hook, chain, cable or similar device;
o a completed trespass tow;
o storing a towed vehicle;
o amount or percent of additional fees and charges, which may be added for the use of credit and debit cards
- Requires that signs also include a statement that credit and debit cards may be used for payment.
- Requires that booting service employees either be in uniform, which contains the employee’s first name and the name of the booting company, or present upon request of the owner or operator of an immobilized motor vehicle an identification card that contains the employee’s picture, first name, and the name, address, and telephone number of the booting company.
- Requires that booting service motor vehicles be marked with the name and address of the booting company.
- Increases the maximum fine upon conviction for a violation of the Ordinance from $50 to $500.
§ The Ordinance will be effective on January 22, 2016.
§ The Community Safety Committee will discuss further actions to address additional signage and vehicle photograph requirements.
Community Safety Committee Discussion
§ Staff reported to the Community Safety Committee (Committee) that an amendment to the Ordinance was necessary in light of the North Carolina Supreme Court’s decision.
§ On June 11, 2015, the Committee directed staff to continue work on further Ordinance amendments in addition to the removal of the fee caps.
§ On September 10, 2015, the Committee voted unanimously (Fallon, Barnes, Austin, Phipps, and Smith) to approve the Ordinance and place the item on the dinner briefing portion of the Council Business Agenda as well as include it as a future City Council action provided that staff will meet with representatives of the towing and booting industry.
§ On September 30, 2015, staff met with towing, booting, and parking industry representatives to discuss the proposed changes to the Ordinance.
§ On October 26, 2015, a Dinner Briefing presentation on the case of George King d/b/a George’s Towing and Recovery v. town of Chapel Hill and recommended amendment to the Ordinance was made to the City Council.
Attachments
Attachment
Towing and Booting Businesses Ordinance Amendment