Chapter 10.25 NONCONSENSUAL MOTOR VEHICLE TOWING


Section 10.25.060 Nonconsensual tows.

    1. Unauthorized vehicles may be towed from private and commercial property
    2. The towing of vehicles on a nonconsensual basis is permitted if:
        a. The property is a private residence; or
        b. Emergency circumstances exist that require the immediate removal of the vehicle; or
        c. Twenty-four hours have passed since the vehicle was parked; or
        d. A notice has been placed upon the vehicle’ s windshield stating the vehicle is unlawfully parked and will be towed at the owner’ s expense after a specified date and time. The date and time provided must be at least eight hours after the notice was placed upon the windshield.
        e. The lot is marked with one or more clearly visible signs and the property owner is towing less than six (6) cars in any thirty (30) day period. If the property owner tows more than six (6) cars in a thirty (30) day period under this provision the property owner will be required to meet the signage requirements specified in 10.25.070.
    3. When nonconsensual towing is performed the tow vehicle company shall use a printed order form which includes the name of the towing company’ s business, the address and telephone number of the storage lot, and the name of the person authorizing the tow and stating such authorizing person’ s business address and telephone number. The form shall also include the time the service was ordered, and a description of the vehicle to be removed including the model, manufacturer and license number of said vehicle. Said person authorizing the tow must be an owner or licensee of the property from which the vehicle is to be removed or a duly authorized agent or employee of such licensee. The tow vehicle operator shall have this authorized service order form fully completed and in personal possession before hooking up to the vehicle to be towed. The amount charged for the service shall be included on this order form and a copy of this form shall be given to the individual reclaiming the vehicle.
    4. Every towing company performing a nonconsensual tow, prior to towing any vehicle, will call the Woodbury County Communications Center. They will provide license plate and/or a VIN number and vehicle description. They will not tow the vehicle until the Woodbury County Communications Center verifies the vehicle is not stolen or otherwise wanted by law enforcement. If the vehicle is stolen or wanted by law enforcement the towing company will be barred from towing the vehicle and no fee shall be due.
    5. If more then cars six (6) are towed in any thirty (30) day period from the same property located within the city limits of Sioux City the towing company and property owner must notify inspection services. Inspection services will inspect or re-inspect the property and may require the property owner to make changes in signage or install signage according to section 10.25.070 in order to reduce the number of towed vehicles. The property owner will be assessed a $25.00 fee for this inspection if any changes are required because of a change in the lot or a failure of the lot owner to install previously requested signage. (Ord. 2004-0232)