§ 39.88. Drop Return of Owner Prior to Tow or Immobilization; Drop and Immobilization Fees.

(1)

An immobilization or towing service operating within the city shall not immobilize or tow a vehicle or charge for its services when the registered owner or agent arrives at the scene prior to the immobilization or towing, unless:

a.

The registered owner or agent refuses to remove the vehicle; or

b.

The vehicle has already been connected to the towing removal or immobilization apparatus and the registered owner or agent, lessee, or agent refuses to pay a service fee (drop fee) of not more than one-half the rate contained herein for such immobilization (first 24 hours) or towing service.

(2)

When a vehicle owner or agent agrees to pay a service fee (drop fee) in applicable circumstances, the tow truck operator shall wait a minimum of twenty (20) minutes at the location of the drop to allow the vehicle owner or agent to secure payment funds for the fees enumerated herein at the location of the drop.

(3)

Within twenty (20) minutes of payment of a drop fee, the tow truck operator shall disconnect the vehicle from the tow truck or immobilization device and return control of the vehicle to the owner or agent. The tow truck or immobilization service operator shall provide a written receipt as required by section 39.86.

(4)

A person in the process of towing, removing or immobilizing a vehicle from any private property where the vehicle was not lawfully parked must stop when a person seeks the return of the vehicle.

(5)

No fee shall be charged if it is determined that the vehicle was lawfully parked.

(6)

The towing or immobilization service shall accept payment of any drop fee or any immobilization fee (drop or otherwise) at the site at which the tow commenced or the vehicle was immobilized, or at any other location within a one-half mile of the vehicle location. No person shall be required to travel more than a one-half mile from an immobilized vehicle in order to pay a drop fee. Only persons whose immobilized vehicles are also lawfully towed will be required to pay fees at the location of the stored vehicle as described herein.

(Ord. of 4-6-1998, Doc. #31131; Ord. of 8-15-2005, § 5, Doc. #050815902; Ord. of 7-7-2008, § 6, Doc. #0807071005; Ord. No. 2012-29, §§ 2, 7, 10-1-2012, Doc. #1210011201)

Editor's note

Ord. No. 2012-29, § 2, adopted Oct. 1, 2012, changed the title of § 39.88 from "Drop Fee—Return of Owner Prior to Tow or Immobilization; Immobilization Fees" to "Drop Return of Owner Prior to Tow or Immobilization; Drop and Immobilization Fees".