CHAPTER 9
TOW SERVICE AND PARKING ENFORCEMENT
Sections:
3-9-101 Duty to Provide Information
3-9-102 To Be Added to the Tow Rotation List
3-9-103 Duties of Towing Companies on the Rotation List
3-9-104 Removal From Tow Rotation List
3-9-105 Regulation of Non-Consensual Towing and Booting Practices
3-9-106 Repossession of Vehicles
3-9-101 Duty to Provide Information
A person conducting towing or booting operations shall furnish an itemized statement of services performed, labor and special equipment used in completing a tow or boot of a vehicle, and the costs charged for each of the following:
(1) The person requesting the towing or booting service;
(2) The owner of the vehicle towed or booted; or
(3) The duly authorized agent of either of the above.
Such records shall be furnished by the tow or booting company to any person authorized by this section to receive such statement.
3-9-102 To Be Added to the Tow Rotation List
A Company desiring to be placed on the Springville Police Department Tow Rotation List shall provide the following to the Springville Police Department:
(1) A completed Letter of Understanding;
(2) A valid Springville City business license;
(3) A vehicle storage facility within the Springville City limits which is certified by the State of Utah;
(4) If used as a State Impound Lot must provide current letter of approval from the Utah State Tax Commission;
(5) Copies of certification, registration and insurance for all equipment including Utah State Wrecker Inspection Certificate;
Once a company meets the requirements stated above and agrees to comply with the standards established in the Letter of Understanding, the company will be placed on the Springville Police Department Tow Rotation List.
3-9-103 Duties of Towing Companies on the Rotation List
In addition to any other requirements set forth in the Springville City Code, State or federal law, a towing company on the Police Department tow rotation list, shall:
(1) Respond to a call for service from the Springville Police Department and arrive on scene within fifteen (15) minutes of receiving the call. In the event that the company fails to arrive within fifteen (15) minutes from receipt of the call the Springville Police Department shall be permitted to secure the services of an alternate company from the rotation list. In the event that the company fails to respond within fifteen (15) minutes, the late-responding company shall not be entitled to any fee, costs or expenses incurred as a result. Any company that fails to respond within the required fifteen (15) minutes will be placed at the bottom of the rotation list.
(2) Have a vehicle storage facility within Springville City limits that has a fenced area, enclosed yard or building. No vehicle may be moved to a location outside Springville City limits, without the prior consent of the owner or operator of the vehicle. All vehicle storage facilities must comply with all State requirements.
(3) Have the capability of removing abandoned or inoperable vehicles.
(4) Clean up any debris, rubble, or any items that may be located on the roadway or in the immediate vicinity of the location from where the vehicle is to be towed. To achieve this requirement, and in addition to any other State or administrative requirements, the tow truck must be equipped with adequate brooms, buckets, liquid absorbing substances, dustpans, shovels, etc. in order to clean up the area. Failure to clean up the area is a violation of this Section and can result in the towing company being removed from the tow rotation list.
(5) Ensure all authorized agents agree to follow the instructions or orders of the police officer at the towing scene.
(6) Maintain a current twenty-four (24) hour telephone number at the Police Department so the tow operator can be contacted.
(7) Notify the Police Department immediately of any change to business location or telephone number.
(8) Comply with all federal, State, and local requirements governing parking enforcement and towing companies.
(9) Respond to all calls for service. Repeated instances of unavailability or refusal to retrieve any vehicle when called upon by the Police Department are unacceptable and may be grounds for removal from the tow rotation list.
(Ord. No. 12-2021 § 1, 06/01/2021)
3-9-104 Removal From Tow Rotation List
(1) A towing company may be removed from the tow rotation list for cause. Listed below are the most common reasons a towing company may be removed:
(a) Failure to comply with any requirements of Section 3-9-103;
(b) Receipt by the Police Department of two (2) or more complaints within a ninety (90) day period, the period of time to start from the first complaint, where:
(i) The complaints have been lodged against a towing company by a citizen or a Police Officer; and
(ii) The complaints have been investigated by the Police Chief or his designee; and
(iii) The Police Department has determined that the complaints were valid.
(A) Within ten (10) days of the receipt of any complaint, the offending towing company will be notified in writing of the complaints and be allowed to respond in writing.
(B) The notice of complaint shall contain the date the vehicle was towed, a description of the vehicle, the location from where the vehicle was towed, and a brief statement of the complaint.
(C) Any response from the towing company must be received within ten (10) days of the mailing to be considered.
(D) After the time period to respond has elapsed, the Police Chief shall render a decision on the complaint. If a complaint is verified, the Police Chief shall, within five (5) days of the decision, cause that:
(1) Written notice be mailed to the towing company of the decision;
(2) State the reasons for the decision;
(3) If applicable, state the date that the towing company’s name will be removed from the tow rotation list; and
(4) If applicable, state the criteria for the towing company to be placed back on the tow rotation list.
(2) Any towing company removed from the tow rotation list pursuant to this Chapter may appeal that decision to the City Administrator, or his designee, provided he do so in writing within ten (10) days of the removal.
(3) Any towing company removed from the tow rotation list for any reason will be allowed to petition the Police Chief to be placed back on the tow rotation list after six (6) months from the date of removal from the tow rotation list. The Police Chief may place the company back on the tow rotation list upon a showing that all previous problems have been corrected and the Chief is satisfied that the company is willing and able to comply with all the requirements for being on the tow rotation list. Any towing company that has been removed from the rotation list three (3) or more times in a five (5) year period, the time period to start from the date of the first removal, shall be removed from the tow rotation list for a minimum of two (2) years, the time period to start from the date of removal from the tow rotation list. After the two (2) years has expired, the towing company may petition the Police Chief to be placed back on the tow rotation list.
(4) Only those towing companies that have been requested from the Police Department tow rotation list may respond to a Police Department incident. Towing companies that have not been specifically called may not respond on behalf of another towing company, regardless of the circumstances. Responding towing companies that have not been called shall be placed on the bottom of the tow rotation list.
(Ord. No. 12-2021 § 2, 06/01/2021)
3-9-105 Regulation of Non-Consensual Towing and Booting Practices
(1) Owners of private property may, to the extent authorized by this Section, boot or tow away any unauthorized vehicle on their premises. An unauthorized vehicle is any vehicle that is parked or stopped on private property in violation of applicable parking rules, guidelines or regulations.
(2) It shall be unlawful for any person, firm or corporation to tow away a vehicle on any authority other than by direct request of the owner of the vehicle or the property owner from where the vehicle is towed, or their agent. A police officer in the course of his official duties may also authorize a tow. The towing of any vehicle in situations where the vehicle’s owner or authorized agent, or a police officer is not present or requesting the tow, shall be reported to the Springville Police Department dispatch center prior to towing, using the current published non-emergency telephone number of the Springville Police Department. The report shall include:
(a) The make and model of the vehicle, including the license number and state, of the vehicle being impounded or towed;
(b) The name of the firm or corporation impounding or towing the vehicle and the name of the tow truck operator;
(c) The location from which the vehicle was taken;
(d) The reason the vehicle was towed; and
(e) The location where the subject vehicle will be kept and the twenty-four (24) hour telephone number which an owner can call to arrange for release of the vehicle.
(3) No person shall have the right to boot or tow a vehicle from a private parking lot having four (4) or more parking spaces, except for abandoned vehicles, unless a clearly visible and conspicuous sign posted on, or immediately adjacent to the property provides notice that unauthorized vehicles will be booted or towed from the parking lot. Such signs shall:
(a) Be at least eighteen inches (18") by twenty-four inches (24") in size;
(b) Give warning, in large reflective lettering, that unauthorized vehicles or illegally parked vehicles will be booted or towed;
(c) Give the name, telephone number and location of the firm(s) authorized to boot or tow vehicles;
(d) Give the name and telephone number of the owner/agent of the parking lot;
(e) State the fees charged for towing and/or booting services; and
(f) Be posted within five feet (5’) of every entrance to a parking lot.
(i) For purposes of this subsection, a parking lot entrance shall mean any access allowing the entrance or exit of a vehicle between a private parking lot and a City street unless such access is not the property of the parking lot owner. In such case, the parking lot entrance shall mean:
(A) The intersection of the parking lot property line and the property line of the access point; or
(B) Any privately owned road connected to a public right-of-way leading to the entrance of a parking lot located on private property.
(ii) A sign posted directly over a driveway leading to an underground lot shall be deemed to meet the location requirements of this subsection.
(iii) If signs cannot be posed within five feet (5’) from the entrance to a parking lot for reasons of practical difficulty (such as the necessity of drilling a hole through concrete, removing a tree or shrubs, conflicting with the clear vision area, or because of an immediately adjacent private driveway not owned by the owner of the parking lot, etc.) a sign may be placed in a location agreed upon by the Police Department and the property owner.
(g) Must be posted at least five feet (5’) and no more than seven feet (7’) above the ground.
(4) It shall be unlawful to display signs, as required by this section that do not contain accurate and current information.
(5) It shall be unlawful to tow or boot any vehicle from or on any location that requires posted signs pursuant to this Section, unless the posted signs conform to this Section.
(6) Before booting or towing a vehicle located on private property, a parking enforcement or towing company shall:
(a) Receive from the property owner or his authorized agent, who shall not be affiliated in any way with the parking enforcement or tow company, a signed request for each booting or tow of a particular vehicle; provided, however, that property owners who have a written contract with a parking enforcement or tow company where the provisions of the contract are consistent with the provisions of this Section shall not be required to sign a request before a vehicle is booted or towed from their property.
(i) Written contracts for towing or parking services shall specify when and under what conditions parked vehicles shall be subject to towing or booting, i.e. how long a vehicles must be parked in violation before it may be towed or booted, where parking is prohibited, if a warning must be given first, etc.
(ii) Towing or parking enforcement companies who enter into written contracts with property owners for towing or booting services pursuant to the terms of this Section shall provide to the Police Department copies of the contracts prior to towing a vehicle from property covered by a contract or booting any vehicle on the property.
(b) If a towing company, post in a prominent place at the business location where vehicles are released from storage a copy of a schedule of fees. Upon request, a parking enforcement or towing company shall show a current copy of its fee schedule to a person whose vehicle is being towed or booted.
(c) Maintain personnel authorized to release any vehicle to its owner twenty-four (24) hours each day.
(7) Any parking enforcement or towing company booting or towing a vehicle pursuant to this Section shall release such vehicle to its owner or authorized agent immediately upon payment sufficient to cover the actual costs incurred in booting, towing, storing or providing other services rendered as the result of booting or towing the vehicle as provided in this Section.
(a) The parking enforcement or towing company shall accept payment offered in cash or by major credit card, but shall not be obligated to accept checks or payment in coins and shall maintain sufficient cash on hand to make change of up to forty dollars ($40).
(b) No vehicle recovery, release or gate fee may be charged during normal business hours, 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays.
(8) A parking enforcement company that utilizes booting practices instead of towing shall be limited to a maximum fee for booting of one-half the current maximum towing fee established by the Utah Department of Transportation for towing services for Class A and B vehicles. In those situations where a boot has been applied to a vehicle and the vehicle is subsequently towed, the towing or booting company may only collect the fee associated with towing the vehicle.
(9) A parking enforcement company shall leave completed paperwork under the windshield wiper of any vehicle being booted. The completed paperwork shall be legible and contain the following information:
(a) The name of the company performing the booting service and the name of the employee who placed the boot on the vehicle.
(b) The twenty-four (24) hour telephone number which an owner can call to arrange for release of the boot.
(c) The fees charged for booting and towing services.
(10) If the registered owner or authorized agent arrived at a vehicle before the parking enforcement or towing company has finished the vehicle and finished completing the required paperwork or before a tow truck operator has removed the vehicle from off the premises, the parking enforcement or towing company shall be entitled to only one-half the regularly charged fee for booting or towing a vehicle and upon payment shall release the vehicle to the registered owner or authorized agent.
(11) Property owners, managers, or their agents shall not receive any consideration whatsoever from any parking enforcement or towing company in exchange for utilizing such company’s services to boot or tow unauthorized vehicles from the owner’s property or for entering into a services contract with a parking enforcement or towing company.
(12) For any non-consensual tow within the City, the vehicle must be towed to a lot that complied with State law within the city limits.
3-9-106 Repossession of Vehicles
Nothing contained in this Chapter shall be construed to apply to the lawful repossession on vehicles by persons or entities that have valid security interests or liens on the vehicles being repossessed.
3-9-107 Severability
If any provision of this Chapter is held by a court of competent jurisdiction to be unconstitutional or for any reason invalid, it shall not affect the validity of the remaining provisions, which are adopted separately and independently.
3-9-108 Violation
Violation of any provision of this Chapter is a Class B Misdemeanor punishable by a fine not to exceed $500.00, and/or imprisonment for a term not to exceed six (6) months.
(Adopted by Ordinance No. 4-05, 02/01/2005)