Title
An Ordinance amending Section 14-89 of the Code of Ordinances related to towing to amend the notice requirement from one (1) hour to two (2) hours; amending Section 14-90(2) of the Code of Ordinances related to towing to amend the retention of receipts from (1) one year to (2) two years and amending the entities entitled to receive the towing invoice upon written request to include a law enforcement agency, the Attorney General, a prosecuting attorney, disabled vehicle’s owner or lienholder and individual involved in the underlying collision or his or her representative; amending Section 14-90(4) of the Code of Ordinances related to towing to delete maximum charges and replace it with rate sheet posting requirements; amending Section 14-91(3) of the Code of Ordinances related to towing to delete the section and replace it with a phone number for contact of the towing company outside of business hours and return call provisions. [Dept. of Public Safety, Armstrong]
Summary
Authorization to amend Section 14-89, Section 14-90(2), Section 14-90(4) and Section 14-91(3) of the Code of Ordinances related to towing, to be consistent with the provisions of KRS 281.00 to 281.936. No Budgetary impact. (L1236-21) (Armstrong)
Budgetary Implications [select]: None
Advance Document Review:
Law: Yes, Completed by Michael Sanner, November 10, 2021
Risk Management: No
Fully Budgeted [select]: N/A
Body
BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - In order to be consistent with the provisions of KRS 281.00 to 281.936 related to towing, the following Code of Ordinance sections are amended as follows.
Section 2 - That Section 14-89 of the Code of Ordinances of the Lexington-Fayette Urban County Government be and hereby is amended to read as follows:
Within two hours of removal of any vehicle by a private impound tow truck service operator, the division of police reports desk shall be notified of such removal. That notification shall include the following information:
(1) The make, model, year and color of the vehicle towed;
(2) The license number and state of issuance of the license and, if known, the vehicle identification number;
(3) The time and location that the tow occurred;
(4) The location of the private impound tow truck service storage yard; and
(5) The telephone number which the owner should call to reclaim the vehicle.
Section 3 - That Section 14-90(2) of the Code of Ordinance of the Lexington-Fayette Urban County Government be and hereby is amended to read as follows:
(2) For each and every tow, a receipt bearing the identifying tow number must be given to each person who redeems a vehicle which has been towed by the private impound tow truck service upon release of the vehicle. The information on the receipt must be clearly legible and include the date and place of the tow., the license plate number and the state of issuance, the make, model and color of the vehicle, the private impound tow truck service operator’s employee number or name, and the name of the private impound tow truck service said operator works for. The receipt must also list the amount of money paid for the release of the vehicle. Any receipt provided to the redeemer of the vehicle must be itemized so that the individual fees are clearly discernible. All receipts shall include a statement of the right to make a written complaint to the Division of Police Traffic Section, at 150 E. Main Street, Lexington, KY 40507. A copy of the receipt must be retained by the private impound tow truck service for a period of two (2) years and shall be made available for inspection upon written request to the division of police, commissioner of public safety, a law enforcement agency, the Attorney General, a city attorney, county attorney, or the prosecuting attorney having jurisdiction in the location of any of the towing company’s business locations, the disabled motor vehicle’s owner or lienholder, an agent of the disabled motor vehicle’s owner or lienholder and any individual involved in the underlying collision, his or her respective insurance companies, or his or her legal representatives, if the disabled motor vehicle was involved in a collision.
Section 4 - That Section 14-90(4) of the Code of Ordinances of the Lexington-Fayette Urban County Government be and hereby is amended to read as follows:
(4) Prior to attaching a motor vehicle to the tow truck, the towing company shall furnish the vehicle’s owner or operator, if the owner or operator is present at the scene of the disabled vehicle and upon the owner’s or operator’s request, a rate sheet listing all rates for towing services, including but not limited to all rates for towing and associated fees, cleanup, labor, storage, and any other services provided by the towing company. Any towing company or storage facility shall post a rate sheet at its place of business and shall make the rate sheet available upon a customer’s request. Any charge in excess of the rate sheets provided under this subsection shall be deemed excessive.
Section 5 - That Section 14-91(3) of the Code of Ordinances of the Lexington-Fayette Urban County Government be and hereby is amended to read as follows:
(3) A towing company or storage facility shall be open for business or accessible by telephone during posted business hours. A towing company or storage facility shall provide a telephone number available on a twenty-four (24) hour basis to receive calls and messages from callers, including calls made outside posted business hours. All calls made to a towing company or storage facility shall be returned within twenty-four (24) hours from the time received. However, if adverse weather, an emergency situation, or another act over which the towing company or storage facility has no control prevents the towing company or storage facility from returning calls within twenty-four (24) hours, the towing company or storage facility shall return all calls received as quickly as possible.
Section 6 - That this Ordinance shall become effective on the date of passage.
PASSED URBAN COUNTY COUNCIL:
___________________________________
MAYOR
ATTEST:
________________________________
CLERK OF URBAN COUNTY COUNCIL
PUBLISHED:
1236-21:MRS:X:\Cases\SAFETY\21-LE0001\LEG\00744707.DOCX