TO: Mayor and Members of City Council
THRU: Joshua E. Hall, Police Attorney
FROM: Lachelle H. Pulliam, City Attorney
DATE: May 6, 2024
RE:
Title
Improper Towing Ordinance Amendment Update
end
COUNCIL DISTRICT(S):
Council District(s)
All Districts
b
Relationship To Strategic Plan:
Goal 1: Safe and Secure Community
Goal 4: Desirable Place to Live, Work, and Recreate
Executive Summary:
In an effort to address the towing of citizens’ vehicles from private property, staff was requested to draft an amendment to the City’s improper towing ordinance.
Background:
At the March 4, 2024, Council work session, Council Member Greene presented this item and stated she was seeking support from Council to ask staff to draft a towing ordinance to address requirements of proper signage (public notice) in tow-away zones prior to vehicles being towed from private properties. The consensus of Council was to direct staff to move this item forward.
Issues/Analysis:
This amendment would update the current City Code, Section 24-249, titled, “Improper Towing” in order to comply with King v. Town of Chapel Hill by removing the maximum amount towing companies can charge and require towing companies to accept multiple forms of payment from citizens whose vehicles have been towed from private property. Furthermore, the amendment would relocate this ordinance and place it under Chapter 16, Motor Vehicles and Traffic. Lastly, this amendment would continue to provide a deterrent through the penalty provision listed in the updated City Code.
Budget Impact:
No budget impact.
Options:
1. Accept the amendment to the City Code and direct staff to place on the May 13, 2024, agenda for adoption.
2. Do not accept the amendment to the City Code.
3. Provide additional direction to staff.
Recommended Action:
Staff recommends that Council move to accept the improper towing ordinance amendment to the City Code and direct staff to place on the May 13, 2024, agenda for adoption.
Attachments:
Improper Towing Ordinance Amendment