Chapter 8.30
PRIVATE PROPERTY IMPOUNDS
Sections:
8.30.060 Offer transportation assistance to vehicle owner/owner’s agent.
8.30.070 Animals in towed vehicles.
8.30.080 Notification following the tow.
8.30.090 Notification of release.
8.30.120 Predatory tow practices.
8.30.125 Towing and storage rates.
8.30.010 General provisions.
A. Title. This chapter shall be known as the Fairview private property impound code.
B. Purpose. The purpose of the private property impound (PPI) code is to require that towing from private parking facilities be performed safely and at a reasonable price. Because towing from private parking facilities affects city residents and visitors, regulation is necessary to ensure that the public safety and convenience are protected.
C. Conformity to State Laws. The PPI code shall be construed in conformity with the laws and regulations of the State of Oregon Motor Vehicle Code regarding towing from private property.
D. Savings Clause. If any provision of the PPI code is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, such holding shall not affect the validity, legality and enforceability of any other provision of the PPI code. (Ord. 9-2016 § 1 (Exh. A); Ord. 7-2008)
8.30.020 Definitions.
A. “Owner’s agent” means a person bearing documentation from the registered owner officially authorizing them to possess or operate the vehicle.
B. “Private parking facility” means any property used for motor vehicle parking at which the property owner or manager restricts or reserves parking, including, but not limited to, mobile home parks, apartment complexes, private gated communities and business or shopping centers or malls.
C. “Private parking facility owner” means the owner, operator, lessee, manager or other person(s) in lawful possession of a private parking facility, or any designated agent of the private parking facility owner.
D. “Private property impound(s)” or “PPI” means the impoundment of a vehicle from a private parking facility at the request of the property owner, operator, lessee, manager or person in lawful possession of the private property facility, without the prior consent of the vehicle’s registered owner.
E. “Release at scene fee” or “RAS fee” means the fee allowed to be charged when a vehicle owner/owner’s agent returns before the PPI tower has departed in tow. Not applicable until the hookup is complete and tow truck is in motion.
F. “Temper fee” means an additional charge assessed by a tow driver when someone uses offensive language or is perceived as aggressive.
G. “Towing” means to draw or pull along a vehicle by means of a tow truck or car carrier.
H. “Towing firm” or “tower” means any entity whose business includes the towing of motor vehicles from private parking facilities and the subsequent storage of such towed vehicles.
I. “Vehicle owner” means the person registered with the Department of Motor Vehicles as the owner of the vehicle. (Ord. 9-2016 § 1 (Exh. A); Ord. 7-2008)
8.30.030 Conditions.
All PPI towers operating within the city of Fairview shall:
A. Perform all PPI tows in a safe manner, taking care not to cause damage to the person or property of others while towing or storing a vehicle; and
B. Practice courtesy and professionalism when dealing with police, and persons redeeming or seeking to redeem a towed vehicle; and
C. Cooperate fully with any police agency to facilitate processing of any PPI towed vehicle identified as a possible stolen vehicle; and
D. Be considered in possession of any vehicle towed under this chapter, and therefore entitled to charge a release at scene fee, when the hookup is complete and the tow truck has begun towing the motor vehicle by engaging the tow truck’s transmission and moving forward. (Ord. 9-2016 § 1 (Exh. A); Ord. 7-2008)
8.30.040 Prohibitions.
PPI towers operating within the city of Fairview under this chapter shall not:
A. Require any vehicle owner/owner’s agent to make any statement or sign any document promising not to dispute validity of the tow or fees assessed or relieving the PPI tower from responsibility for the condition of the vehicle or its contents;
B. Solicit PPI towing business by means of payment of a gratuity, commission or any other consideration to the private property owner, operator, manager or employee;
C. Remove a vehicle from a private parking facility unless the hookup has been completed and all safety equipment has been attached;
D. Use predatory tow practices, as described in FMC 8.30.120;
E. Charge or assess a temper fee; or
F. Charge fees in excess of those in FMC 8.30.125. (Ord. 9-2016 § 1 (Exh. A); Ord. 7-2008)
8.30.050 Photographs.
Prior to performing private property facilities impound, the PPI tower shall photograph the vehicle to be towed and the parking facility signage. Such photographs shall illustrate the conditions of the vehicle’s location that warrant such an impound, and be made available upon request by the police chief or designee, pursuant to a complaint investigation or audit. The tow company is not allowed to charge a fee for photographs. (Ord. 9-2016 § 1 (Exh. A); Ord. 7-2008)
8.30.060 Offer transportation assistance to vehicle owner/owner’s agent.
Pursuant to ORS 822.230(3)(d), PPI towers shall offer to either provide transportation for the vehicle owner/operator from the immediate vicinity of the location from which the vehicle was towed to the tower’s storage lot for release of the vehicle, or make a call on behalf of the vehicle owner to arrange transportation. (Ord. 9-2016 § 1 (Exh. A); Ord. 7-2008)
8.30.070 Animals in towed vehicles.
If a vehicle is found to contain any live animal, the PPI tower shall make every effort to protect the welfare of the animal. If the vehicle has not been redeemed within two hours after it reaches the PPI tower’s storage lot, the PPI tower shall contact the local animal control authority to arrange for the animal to be taken into protective custody. (Ord. 9-2016 § 1 (Exh. A); Ord. 7-2008)
8.30.080 Notification following the tow.
The PPI tower shall notify the Fairview police department of the completion of the tow and location of the vehicle within one hour after the vehicle is placed into storage, or released at the scene. Such notifications shall be made by faxing a clearly legible document to the Fairview police department. Such notification shall include, at a minimum:
A. Vehicle license plate (to verify against prior notice information);
B. Issuer state of license plate;
C. Expiration date of license plate;
D. VIN (vehicle identification number), if visible;
E. Make of vehicle;
F. Model of vehicle;
G. Style of vehicle;
H. Year of vehicle;
I. Color of vehicle;
J. Address from which the vehicle was towed or released at the scene;
K. Address to which the vehicle was towed;
L. Name of the business or person who authorized the tow;
M. Time that prior notice was given;
N. Name and phone number of tow company. (Ord. 9-2016 § 1 (Exh. A); Ord. 7-2008)
8.30.090 Notification of release.
Within eight hours of releasing a vehicle to the registered owner/owner’s agent or foreclosing on possessory lien, the PPI tower shall notify the Fairview police department by faxing a document with all release information completed. (Ord. 9-2016 § 1 (Exh. A); Ord. 7-2008)
8.30.100 Release at scene.
A. If the vehicle owner or operator returns to the vehicle while the tower is still attaching equipment to the vehicle, or the vehicle is fully attached but the tow driver is still outside the cab of the tow truck, or if the tow driver has entered the cab of the tow truck but has not yet engaged the tow truck’s transmission to begin removal of the towed vehicle; the PPI tower shall release the vehicle to the vehicle owner or operator at no charge.
B. If the vehicle owner or operator stops the PPI tower when the hookup is complete and the tow truck is in motion with the vehicle, the PPI tower shall immediately halt the tow and inform the vehicle owner of the amount of the RAS (release at scene) fee, and that the vehicle owner has up to 15 minutes, without additional charge, to provide payment of the RAS fee. If the vehicle owner/owner’s agent fails to provide payment within 15 minutes, the PPI tower may proceed to tow the vehicle to the storage facility. (Ord. 9-2016 § 1 (Exh. A); Ord. 7-2008)
8.30.110 Regulations.
A. It shall be unlawful to tow a vehicle from a private parking facility unless:
1. The private parking facility owner/operator gives the PPI tower express written authorization identifying the specific vehicle, signed at the time of the tow request; or
2. The private parking facility owner/operator has signed an agreement authorizing the PPI tower to act as the agent of the parking facility owner/operator in selection of cars to be towed and the PPI tower signs an authorization for each tow identifying the specific vehicle, signed at the time of the tow request. Predatory towing as described in FMC 8.30.120 is prohibited.
B. Signage. It shall be unlawful to tow a vehicle from a private parking facility unless the private parking facility meets the following signage requirements:
1. At least one sign shall be posted and readily visible at each entryway into the parking lot, not more than 10 feet from the public right-of-way or street edge. Such signs shall:
a. Be posted so that the center of the sign is not more than eight feet nor less than four feet above the ground; and
b. Be at least 18 inches by 24 inches in size; and
c. State that parking is prohibited, reserved or otherwise restricted; and
d. State who is authorized to park and the hours during which parking is restricted. (Example: “Parking for customers of _______ only during _______ hours.”); and
e. State that towing and storage of a vehicle will be at the owner’s expense; and
f. Prominently display the PPI tower’s name and 24-hour telephone contact number for release of a vehicle; and
g. Be maintained so as to remain unobstructed by any tree, shrub, bush, vehicle or other obstacle; and
h. For all signs posted, revised, or replaced on or after January 1, 2017, state if unauthorized vehicles will be ticketed or cited and what the ticket/citation amount will be.
2. When a private parking facility is shared by multiple business operations (i.e., shopping mall or office park) parking spaces must be marked, or signs posted, so as to indicate which spaces are reserved for each business.
3. PPI towers may request an exception to the rules for sign location. Such request must be made in writing and offer an alternative posting for approval.
4. Fire lanes from which vehicles may be towed shall be marked in compliance with Fairview’s adopted fire code. (Ord. 9-2016 § 1 (Exh. A); Ord. 7-2008)
8.30.120 Predatory tow practices.
It shall be unlawful for a PPI tower to park within 1,000 feet of a private parking facility for the purpose of covert observation in order to obtain PPI tows. It shall be unlawful for a PPI tower to post any observer in a private parking facility for the purpose of monitoring and ordering towing. It shall also be unlawful for a PPI tower to patrol private parking facilities for the purpose of looking for vehicles to tow. (Ord. 9-2016 § 1 (Exh. A); Ord. 7-2008)
8.30.125 Towing and storage rates.
A schedule of approved maximum rates and fees for PPI towing, RAS, and storage shall be adopted by city council. Such schedule shall be published annually. PPI towers may submit a request for an increase in the approved maximum rates not later than two months before the end of any calendar year. Prior to making any changes in the PPI rate schedule, city council shall hold a public hearing for the purpose of determining fair and reasonable rates. (Ord. 9-2016 § 1 (Exh. A))
8.30.130 Penalty.
Any person or entity violating any provision or failing to comply with any requirement imposed by this code is subject, upon a determination that such violation or failure has occurred, to a civil penalty of up to $500.00 for each violation for a first offense and a civil penalty of up to $1,000 for repeat violations by the same person or entity. (Ord. 9-2016 § 1 (Exh. A); Ord. 7-2008)
8.30.140 Citizen complaints.
A. A vehicle owner/operator whose vehicle has been impounded, or who has paid an RAS fee, has 90 days from the date of the tow to file a written complaint against the PPI tower with the city manager.
B. The city manager shall provide a copy of the written complaint to the PPI tower within 15 days of receipt.
C. The PPI tower shall provide a written statement of response within 10 days of the date it received the complaint, unless an extension is granted by the city manager. The response shall include all documentation requested by the city manager, including a copy of the agreement or signed invoice authorizing the tow, an explanation for how the circumstances justified the two, and the photograph of the vehicle and signs at the scene of the tow as required by this chapter.
D. After reviewing the complaint and the response provided by the PPI tower, the city manager shall determine whether the tow was properly performed under this chapter and, if not, the appropriate remedy as set forth under FMC 8.30.130. The city manager shall submit a written decision and mail it to each party within 75 days from the date of receipt of the original complaint. The city manager’s decision shall be final. (Ord. 8-2021 § 1; Ord. 9-2016 § 1 (Exh. A))