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HomeMy WebLinkAboutD-2044-11 Add Sec. 6-163/Non-Consensual TowingORDINANCE D- 2044 -11 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADDING CHAPTER 6, ARTICLE 5, DIVISION VIII, SECTION 6 -163 TO THE CARMEL CITY CODE WHEREAS, the City of Carmel, Indiana "City"), has a significant government interest in protecting the health, safety and welfare of its motoring public, and in preserving public order; and WHEREAS, Indiana Code Sections 36 -8 -2 -2 and 36 -8 -2 -4 authorize the City to preserve public order and to regulate conduct that may endanger public health, safety or welfare; and WHEREAS, the City has now become aware of certain predatory and other harmful conduct relating to the non consensual towing of motor vehicles from private parking lots located within the City's corporate limits, which conduct has resulted in the public being exposed to harm; and WHEREAS, the Common Council desires to minimize and control the harmful conduct that may occur during the non- consensual towing of motor vehicles, beyond and in addition to the towing limitations provided by state law, through the addition of Chapter 6, Article 5, Division VIII, Section 6- 163 to the Carmel City Code. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney. Z:\E Bass \My OocumenlslORDINANCES4AmendCode 1201110- 2044 -11 ADD Sec 6 -163 Non Consensual TOWING (3- DCH).doc711512011 10:40 AM Section 2. Chapter 6, Article 5, Division VIII, Section 6 -163 should be and the same is hereby added to and made part of the Carmel City Code and shall read as follows: "Sec. 6-163. Non Consensual Towing From Private Property. (a) Definitions. (1) "Motor Vehicle" means a "motor vehicle" as defined in Indiana Code 9- 13- 2- 105(a). Page One of Seven Pages SPONSORS: Councilors Seidensticker and Sharp (2) "Private Parking Lot" means any parking lot or area owned by a private entity that provides parking spaces for a fee or that requires the permission of the owner or authorized agent of the owner of the parking lot or area before a person may park at that location. (3) 'Tow," or "Towed," or "Towing" means to haul, carry, pull along, or otherwise transport or remove a Motor Vehicle by means of another vehicle. (4) "Towing Service" means any person or other entity, whether licensed or not, that engages in, or who owns or operates a business which engages in, the Towing of Motor Vehicles for compensation. (5) (6) "Wheel Lock" means a boot, wheel lock or any other device that is attached to a Motor Vehicle and designed to immobilize it. (7) Ordinance D- 2044 -11 Page Two of Seven Pages "Trespass Tow" means the Towing of a Motor Vehicle parked in a Private Parking Lot without the consent of the Motor Vehicle's owner or operator. "Storage Facility" means any location at which a Towed Motor Vehicle is stored pending retrieval by the Motor Vehicle's owner or operator. (b) Compliance with Section; Violations. (1) No Towing Service shall conduct a Trespass Tow of a Motor Vehicle from a Private Parking Lot, when the point of origin of the Tow is within the City's jurisdictional limits, without fully complying with the provisions of this Section. (2) Any violation of this Section shall subject the violator to a fine of Five Hundred Dollars ($500.00) for the first offense within any calendar year and to a fine of One Thousand Dollars ($1,000.00) for each subsequent offense within the same calendar year. Each Motor Vehicle Towed or stored in violation of this Section shall constitute a separate offense. (c) Towing Signs Required. r This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney. Z:1E BasskMy Documents \ORDINANCESIAmendCode12011\D 2044 -11 ADD Sec 6 -163 Non- Consensual TOWING (3- DCH).doc711512011 10 :40 AM SPONSORS: Councilors Seidensticker and Sharp (1) It shall be unlawful to Tow any Motor Vehicle that is parked in a Private Parking Lot without the permission of the owner or operator of the Motor Vehicle unless notice is posted in accordance with the provisions of this Section in the Private Parking Lot from which the Towing occurs. Such notice shall meet all of the following requirements: A. The notice shall be in the form of a sign not less than twenty -four inches by twenty -four inches (24" x 24 in size and constructed of metal, plastic or another type of material that is weather resistant and enduring in nature. B. The notice shall be prominently posted in the Private Parking Lot at each access or curb cut allowing Motor Vehicles access to the property. In the alternative, a sign not less than twelve inches by twelve. inches (12" x 12 in size may be posted at each parking space from which a Motor Vehicle could be Towed. Ordinance D- 2044 -I 1 Page Three of Seven Pages C. The notice shall clearly display the following: SPONSORS: Councilors Seidensticker and Sharp (i) In not less than one- and one -half inch high letters on a contrasting background, the words "tow- away- zone" or "towing enforced," and (ii) In not less than one inch high letters and numbers on a contrasting background, a statement that public parking is never authorized in the Private Parking Lot by stating "private property no parking at any time," or where parking is permitted under limited circumstances, by stating "parking for [name] customers only," "parking for [name] residents only," or a similar phrase that specifically identifies the conditions under which a Motor Vehicle may park in the Private Parking Lot, or if parking is not prohibited on a 24 -hours continuous basis, a statement identifying the days of the week and the hours of the day during which unauthorized parking is prohibited, and (iii) In not less than one inch (1 letters and numbers on a contrasting background, the name and address of both the Towing Service and the Storage Facility where the Motor Vehicle will be Towed and the total itemized cost for the Tow and storage of the Motor Vehicle, D. Each sign displaying the above required notices shall be permanently installed with the bottom of the sign not less than four (4) feet above ground level and not more than eight (8) feet above ground level. E. No Towing Service owner, employee, or agent may intentionally obstruct or deface any sign required by this Section. (d) Wheel Lock Prohibited. It shall be unlawful to place a Wheel Lock on a Motor Vehicle for the purpose of keeping it immobilized until it can be Towed from a Private Parking Lot. (e) Release Before Towing. Any Tow Service that has initiated a Trespass Tow but that has not yet completely removed the Motor Vehicle from the Private Parking Lot, shall, upon the request of the Motor Vehicle owner or operator, immediately release the Motor Vehicle to said owner or operator without charge. This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney. LE Bass /My Documents \ORDINANCES AmendCode12011\D- 2044 -11 ADD Sec 6 -163 Non Consensual TOWING (3- DCH}.doc7115/2011 10:40 AM (f) (g) Ordinance D- 2044 -11 Page Four of Seven Pages Retrieval of Personal Property. SPONSORS: Councilors Seidensticker and Sharp Any Tow Service that has engaged in the Trespass Tow of a Motor Vehicle shall, once the Motor Vehicle is placed in a Storage Facility, and upon request of the owner or operator of the Motor Vehicle, permit the owner or operator access to the Motor Vehicle in the Storage Facility for the purpose of retrieving personal property from it at no charge and within thirty (30) minutes of such request. Payment of Towing and Storage Fees. Any Towing Service that engages in the Trespass Tow of a Motor Vehicle from a Private Parking Lot shall accept U. S. currency and at least two (2) major credit and debit cards for any and all Towing and storage fees and charges associate therewith. (h) Twenty Four Hour Motor Vehicle Retrieval Required. Any Towing Service that engages in a Trespass Tow from a Private Parking Lot shall have a person on call twenty -four (24) hours every day of the year who will acknowledge a request to retrieve a Towed Motor Vehicle within thirty (30) minutes of such request and who shall, upon request, make a Motor Vehicle available to its owner or operator for retrieval within sixty (60) minutes of the time of such request. (i) (i) Location of Storage Facility. Any Storage Facility at which a Motor Vehicle subject to a Trespass Tow is stored shall be located within the City or within fifteen (15) miles of the City's corporate limits. Authorization to Trespass Tow Required. No Towing Service shall remove a Motor Vehicle from a Private Parking Lot by Trespass Tow unless the owner or authorized agent of the owner of the Private Parking Lot contemporaneously signs a specific written authorization for such removal and presents the same to the driver of the Towing Service. This written authorization form shall contain all of the following: (1) A written statement describing the reason for the Tow, (2) The make, model, year, color, vehicle identification number (VIN) and license plate number of the Motor Vehicle to be Towed, (3) The address of the Private Parking Lot from which the Motor Vehicle is to be Towed, (4) A written statement indicating the time and date of the Trespass Tow authorization, This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney. Z:IE Bass /My Documents \ORDINANCESWmendCode12011 /D- 2044 -11 ADD Sec 6 -163 Non Consensual TOWING (3- DCH).doc7!15 /2011 10:40 AM (5) The full name and title of the person authorizing the Trespass Tow, SPONSORS: Councilors Seidensticker and Sharp (6) An acknowledgement by the person authorizing the Tow that he or she is the owner or authorized agent of the owner of the Private Parking Lot and that the owner of the Private Parking Lot shall be liable for any damages that may be awarded to the owner of the Motor Vehicle if it is Towed unlawfully or improperly, and (7) The signature of the person authorizing the Trespass Tow. (k) Towing Receipt Required; Waiver of Liability Prohibited. (1) Upon the payment in full of all authorized Towing and storage fees, a Tow Service that performs a Trespass Tow of a Motor Vehicle from a Private Parking Lot to a Storage Facility shall provide to the Motor Vehicle's owner or operator upon the retrieval of the Motor Vehicle from the Storage Facility, at no additional charge, an itemized receipt that contains the following information: (i) The name and address of the Tow Service; (ii) The Private Parking Lot address from which the Motor Vehicle was Towed; (iii) The date and time at which the Motor Vehicle was Towed; (iv) The date and time at which the Motor Vehicle entered the Storage Facility; (v) An itemized list of all the fees and charges imposed for the Motor Vehicle Tow and storage; and (vi) The name of the person who authorized the Trespass Tow, as well as a copy of such person's Trespass Tow written authorization form. (2) A release or waiver of liability shall not be required as a condition of the release of the Motor Vehicle from the Storage Facility. (3) A Tow Service may require proof of identification of the person retrieving any Motor Vehicle from a Storage Facility." Section 3. All other current provisions of City Code Chapter 6, Article 5, Division VIII, shall remain in full force and effect and are not affected by this Ordinance. Ordinance D 2044 11 Page Five of Seven Pages This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney. Z:1E Bass\My DocumentsVORDINANCES1AmendCode120111D- 2044 -11 ADD Sec 6 -163 Non Consensual TOWING (3- DCH).doc711512011 10:40 AM Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. Section 5. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. Section 6. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. PASSED by the Common Council of the City of Carmel, Indiana, this o day o 2011, by a vote of I/ ayes and 0 nays. e xer, rest e Presiding Of cer W. Eric Set rn V Accetturo •t ATT Diana L. Cordray, IAMC, Clerk surer Ordinance D- 2044 -1 1 Page Six of Seven Pages COMMON COUNCIL FOR THE CITY OF CARMEL ro Tempore evin Rid Ar Richard L uci S This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney. Z:1E Bass\My Documents \ORDINANCES1AmendCode120111D 2044 -11 ADD Sec 6 -163 Non Consensual TOWING (3- DCH).doc7!1512011 10:40 AM SPONSORS: Councilors Seidensticker and Sharp Presented by me to the Mayor of the City of Carmel, Indiana this 19 day o 2011, at3 3S f.M. Approved by me, Mayor of the City of Carmel, Indiana, this .a O day of 2011, at a :y1 Q .M. ATTEST: Diana L. Cordray, IAMC, C1eyk- 'reasurer Ordinance D- 2044 -11 Page Seven of Seven Pages ames Brainard, Mayor This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney. Z:IE Basaly DocumentslORDINANCESLAmendCodeV20111D- 2044 -11 ADD Sec 6 -163 Non Consensual TOWING (3- DCH).doc711512011 10:40 AM SPONSORS: Councilors Seidensticker and Sharp Diana L. Cordray, IAMC, Clark- Treasurer MEMORANDUM TO: Carmel Common Council Members FROM: Eric Seidensticker, Common Council President RE: ADD -ON TO JULY 18, 2011 COMMON COUNCIL MEETING Ordinance d- 2044 -11 DATE: July 18, 2011 Councilors: Attached is the referenced Ordinance which proposes to add a new Section 6 -163 to Chapter 6, Article 5, Division VII, to the Carmel City Code regarding non- consensual towing from private property. I ask that this Ordinance be added to the business of tonight's Council meeting because of the continuing and immediate risk to the welfare of City motorists. Thank you. /eb