Loading...
HomeMy WebLinkAboutAmending Chapter 4 Entitled Licenses Add Section 4-20.5 Vehicle Removal Service ORDINANCE No. 7955'89 Passed by the Common Council of the City of South Bend, Indiana January 9, /9 89 Attest: City Clerk IRENE K. GAMMON J� Attest: / President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 10, 19 89 City Clerk IRENE K. GAMMON Approved and signed by me 7:Sixskoce41 f Mayor 93-88 Substitute Bill No. Ordinance No. 7c3 — 1 AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "LICENSES," TO ADD SECTION 4-20. 5, ENTITLED "VEHICLE REMOVAL SERVICE" STATEMENT OF PURPOSE AND INTENT The Common Council has determined that it is necessary to regulate those individuals and enterprises engaged in the business of towing and otherwise removing unauthorized vehicles from private property, in order to provide for the public health and safety. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I . Chapter 4, Article 4, of the South Bend Municipal Code is amended to add Section 4-20.5, entitled "Vehicle Removal Service, which shall read as follows: Section 4-20.5. Vehicle Removal Service. (a) License required. No person shall engage in the business of towing or otherwise removing unauthorized vehicles from private property within the City without first obtaining an annual vehicle removal service license authorizing such person to engage in such business: Provided, however, that if such business is incidental to or combined with the operation of an automotive repair and service center, as defined in Section 4-20 of this Chapter, such person shall first obtain an annual automotive repair and service center license thereunder, rather than a vehicle removal service license hereunder. (b) Application. Each applicant for a license under this section shall procure from the Office of the Controller an application for such license. (c) Review and recommendation. (1) Upon the filing with the Office of the Controller of a completed application, the same shall be referred to the Department of Code Enforcement, the Police Department and the Fire Prevention Bureau for their inspection, review and recommendations. Copies of all inspection sheets to be used by the Departments, shall be kept on file with the Department of Code Enforcement and the Office of the Controller and made available to the public upon request during regular business hours. ( 2) Appended to each completed application must be a detailed schedul P of fe ,Q r•hmrmnA +.. ice_ or enterprise in possession of the place at which such vehicles will be stored, which fees must be attested to by such person or enterprise. (d) License fee. If the applicant meets the requirements of this section, the Controller shall issue a license upon payment of an annual fee of one hundred twenty-five dollars ($125.00) . (e) Liability insurance required. No vehicle removal service license will be issued hereunder unless there is on file in the office of the Controller, and in full force and effect, a current policy of insurance in an amount of not less than fifty thousand dollars ($50,000.00) for injury to or destruction of property as a result of any one occurrence and a public liability policy covering accidental bodily injury, including death, to any member of the public in an amount of not less than three hundred thousand dollars ($300,000.00) for all public liability from any one. occurrence. Said policy shall be updated annually and on. file with the office of the Controller before any issuance or reissuance of a vehicle removal service license issued hereunder. (f) Notice requirements. No person shall have the right to remove, impound or otherwise disturb any motor vehicle which is parked, stalled or otherwise left on private property, other than family residential property, owned or controlled by such person, unless the following notice provisions are satisfied. ( 1) A property owner must post a sign, notifying the public of parking restrictions, at least 24 hours before towing or ordering the towing of an unauthorized vehicle. (2) Sufficient numbers of signs must be posted permanently so that at least one sign is clearly visible and readable from each parking area and each vehicle entrance and exit to the property at all times. As part of its inspection and review under 4-20. 5(c) (1) herein, the Department of Code enforcement will verify that this requirement has been satisfied. In no event may any sign be posted on public property. (3) Each sign shall: (A) Summarize all parking restrictions enforced on the property, including time and area restrictions; (B) Indicate that vehicles violating the restrictions may be towed at the vehicle owner's expense; and (C) List the name, address and telephone number of each vehicle removal service authorized to remove unauthorized vehicles from the property; the name, address and telepphone number of the property owner or person exercising control over the property; and a telephone number that is answered personally at all times of the day and night by the property owner or an agent of the owner who is informed of each vehicle removed from the property. (4) Each sign must be: (A) Not less than 24 inches tall and 18 inches wide nnr mnrP than In i nchpc tall and 7d i nr•hac cal,tc . (g) Regulations. Any vehicle removal service removing unauthorized vehicles from private property shall: (1) File with the Board of Public Works a detailed schedule of fees charged incident to the removal and storage of vehicles, as provided herein; (2) Post a copy of the schedule of fees on file with the Board of Public Works in a prominent place at the business location where vehicles are released from storage; ( 3) Carry at all times in each tow truck or other vehicle used in the conduct of any vehcile removal service, a copy of the schedule of fees in effect and on file with the Board of Public Works and, upon his or her request, make the same available to any vehicle owner, driver, or law enforcement officer involved in the removal or any actions preliminary or incidental to the removal of any vehicle by the vehicle removal service. (4) At the time of payment for any service(s) rendered by the vehicle removal service, issue a receipt to all individuals charged for any such service(s) , said receipt to indicate the date and time service(s) rendered, the exact service(s) rendered, the payment received therefor, the method of payment, and to be signed by the person issuing the receipt. ( 5) Prior to removing a vehicle from private property report the fact of removal together with the license number, make, year and place of impoundment to the South Bend Police Department, which agency shall maintain a log of such reports. The reporting requirement in this subsection is satisfied by an immediate telephone call to the Police Department Radio Room. In addition, for each vehicle not claimed within twenty-four hours ( 24) of the time it is towed, the vehicle removal service shall submit to the Police. Department a completed Notification Form, copies of the same to be provided to the vehicle removal service by the Office of the Controller upon the issuance of any license hereunder. (6) Release such vehicle to the owner, upon the presentation of proof of ownership, or to the authorized designee of the vehicle owner upon the presentation of proof of such authorization, and upon the payment of the costs of towing, storage or other services rendered during the course of towing, removing, impounding or storing any such motor vehicle, as calculated pursuant to the current schedule of rates in effect and filed with the Board of Public Works: Provided, That every vehicle removal service providing service pursuant to this section shall post a true copy of this section in a conspicuous place upon its business premises. (7) Maintain copies of all Notification Forms completed under subsection (g) ( 5) herein for a period of not less than sixty ( 60) days. Copies of the same shall be made available to the Police Department or Office of the Controller upon request. (8) Charge only those charges indicated on the schedule of fees filed with the Board of Public Works for the particular services rendered. ( 01 P i 1 A mi {-h 1-he RnnrA ,- F Unhl i r. WesrYe. (h) Semi-annual inspections. The Department of Code Enforcement and the Fire Prevention Bureau shall inspect each establishment licensed hereunder a minimum of once each six ( 6) months for the purpose of determining whether or not the owner or operator is in compliance with this section. (i) Exception. The provisions of this section shall not apply in the case of abandoned or other vehicles removed from private property by the Department of Code Enforcement and/or the Police Department or their agents pursuant to Chapter 20, Article 3 of this Code and/or Title 9 of the Indiana Code. (j ) Penalties. Any person who violates any provision of this section shall be subject to the provisions of Section 4-15 of this Code and additionally shall, upon conviction, be deemed guilty of an offense and fined not less than fifty dollars ( $50.00) for a first offense, not less than two hundred fifty dollars ($250.00) for a second offense, and not less than two hundred fifty dollars ($250.00) but not more than two thousand five hundred dollars ($2,500.00) for each offense thereafter. The violation of any provision of this section shall constitute a separate violation for each day that such violation may exist. SECTION II. This ordinance shall be in full force and effect on March 1, 1989 assuming passage by the Common Council, approval by the Mayor, and proper legal publication 41-t- Member o ;=e Common Council flnmmittrr &part Ulu the fanmmnn (IIounril of UK fang of'umh Aim): of the Whole Your Committee to whom was referred BILL NO. 93-88 A BILL AMENDING CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED "LICENSES," TO ADD SECTION 4-20.5, ENTITLED "VEHICLE REMOVAL SERVICE." Respectfully•report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable, as amended, by substitution of a new bill., and amend this bill in sub-section g paragraph 4 after date and "and time" Steve Luecke Chairman FREE PRESS PUBLISHING CO. • pUTN ��\\\ li .. ' l�% it ' \ x City of South Bend Joseph E. Kernan, Mayor \\\‘—. \865` Department of Law Richard A. Nussbaum, II, City Attorney November, 9 1988 Councilmembers South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: Bill 93-88 Dear Councilmembers, I am attaching for filing, Substitute Bill 93-88 , entitled, "An Ordinance Amending Chapter 4, Article 4 of the South Bend Municipal Code, Entitled "Licenses, " to Add Section 4-20. 5 , Entitled Vehicle Removal Service. " Bill 93-88 has been amended in this Substitute Bill to delete the original subsection (f) ( 5 ) . The bill has been amended to no longer require the licensee, with the assistnce of the police department, to notify an individual whose vehicle has been towed; rather, the licensee is required to notify the police department radio room prior to removing any vehicle. The substitute bill further deletes provisions requiring the licensee to release impounded automobiles upon the presentation of commercial tender that includes personal checks and credit cards or upon proof of financial responsibility. The substitute bill also requires the vehicle owner or other individual to provide proof of ownership or authorization in order to recover his or her vehicle. The substitutions to this bill are a result of the combined efforts of the work of the police and legal departments and are supported by the Department of Code Enforcement. A favorable recommendation on November 14th is requested. 1400 County-City Building • South Bend, Indiana 46601 • 219/284-9241 Thomas L. Bodnar Sandra A. Boyd David C. Chapleau Marva Leonard-Dent Jenny Pins Manier Carolyn V. Pfotenhauer Robert C. Rosenfeld . , ..1* • , . Councilmembers South Bend Common Council November 9, 1988 Page Two Si rely, e Patricia E. DeClercq Director, Code Enforcement