CHAPTER 10.5 - TOWING#

Footnotes: --- (1) ---

Editor's note— Ord. of 3-26-24(1), set out provisions intended for use as §§ 10-81—10-88. For purposes of classification, and at the editor's discretion, these provisions have been included as Chapter 10.5.

Sec. 10.5-1. - Purpose.#

Pursuant to the authority provided in Code of Virginia (1950), § 46.2-1217, as amended, the city council hereby enacts this chapter to regulate law enforcement requested towing. Towing pursuant to the provisions of this article is for law enforcement requested towing only and shall not be applicable to towing not at the request of official law enforcement personnel.

(Ord. of 03-26-2024(1))

Sec. 10.5-2. - Definitions.#

For the purposes of this article, the following words, terms, and phrases shall have the meanings respectively ascribed to them in this section unless the context clearly indicates a different meaning:

Application means an application for towing service in the City of Hopewell.

Authorized tower means a towing firm or service that meets the requirements of the Hopewell Police Department Towing Policy and has entered into a towing service agreement to provide towing services at the request of the chief's office or other law enforcement personnel.

Chief means the executive head of the Hopewell Police Department office or designee.

City means the City of Hopewell.

DMV means the Department of Motor Vehicles.

Emergency means a critical traffic problem, snow storm, ice storm, hurricane or other extreme weather condition; parade or other similar public event or a riot; disaster or similar event not ordinarily or usually occurring.

Law enforcement personnel or law enforcement agency means a law enforcement officer of the city or a state police officer or agency of said officers.

Law enforcement requested towing or law enforcement towing request includes all requests made by law enforcement personnel or law enforcement agency pursuant to this policy, and towing requests made by a law enforcement officer at the request of the owner or operator of an unattended, abandoned, or immobile vehicle, when no specific service provider is requested by such owner or operator.

Log means a list of vehicles towed at the request of the Hopewell Police Department or other law enforcement personnel that is maintained by each tower.

Police Department means the City of Hopewell Police Department Office.

Policy means the Hopewell Police Department Towing Policy.

Receipt means a printed, numerated, and dated receipt that includes company name, company address, and business telephone number, and receipt signed by owner/operator.

Suspension means temporary removal from the city's towing list for a violation of the policy or breach of the towing service agreement.

Tardiness means delayed beyond the expected or proper time.

Termination means permanent removal from the city's towing list and rescission of the towing service agreement.

Tower means a person or firm engaged in the business of or offering of a vehicle towing service, whereby motor vehicles are or may be towed or otherwise removed from one (1) place to another by the use of a motor vehicle adapted to or designed for that purpose.

Towing board means the City of Hopewell Towing Advisory Board, which consists of seven (7) members: three (3) law enforcement officers (one (1) of which must be the Chief), three (3) towing and recovery operators, and one (1) citizen.

Towing business or business means a single towing operation owned and operated by an individual, corporation, partnership, or firm having legal or equitable title in said operation at one (1) location within the city for a minimum of one (1) year which consists of an office and an appropriately sized storage lot.

Towing list or list means the list maintained by the chief of those towers authorized to respond to chief's or other law enforcement personnel's requests for the towing of vehicles.

Towing panel means the towing board minus the chief.

Towing service agreement means the agreement between the chief's office and a tower.

Zone means geographic area tower is approved to operate in, specifically the City of Hopewell.

(Ord. of 03-26-2024(1))

Sec. 10.5-3. - Towing policy.#

(a) The towing board is hereby authorized to promulgate policies and procedures for law enforcement requested towing services. These policies and procedures, known as the Hopewell Police Department Towing Policy, establish rules and regulations for the administration of law enforcement requested towing services. Such rules and regulations shall be consistent with this article and the laws of the United States and the Commonwealth and shall have the force and effect of law.

(b) The rules and regulations which may be promulgated by the towing board in accordance with subsection (a) above shall be in effect following a public hearing before the city council. The city council additionally reserves to itself the authority to amend, alter or repeal any provision of the rules and regulations promulgated by the towing board.

(Ord. of 03-26-2024(1))

Sec. 10.5-4. - Application for law enforcement requested towing.#

Any tower desiring to perform law enforcement requested towing services shall make application with the chief in conformance with the provisions of the towing policy. Said application shall be accompanied by a nonrefundable application fee in the amount of one hundred dollars ($100.00). After completion of an investigation, the chief shall determine whether the applicant meets the requirements of the towing policy. If he/she finds applicant qualified, tower and chief shall enter into a towing service agreement.

(Ord. of 03-26-2024(1))

Sec. 10.5-5. - Insurance.#

All authorized towers shall maintain insurance in the amounts specified in the towing policy.

(Ord. of 03-26-2024(1))

Sec. 10.5-6. - Duties and requirements of authorized towers.#

Towers will be obligated to perform those duties required under the towing policy. Failure to perform said duties may result in suspension or termination from the towing list.

(Ord. of 03-26-2024(1))

Sec. 10.5-7. - Equipment and maintenance of towing vehicles.#

All authorized towers under this article shall maintain vehicles and equipment required pursuant to the towing policy. All equipment is subject to an annual inspection performed by the chief which shall be evidenced by a valid sticker. The annual inspection of the vehicles will occur on or about the anniversary date of the tower's application approval.

(Ord. of 03-26-2024(1))

Sec. 10.5-8. - Storage and security of vehicles by authorized towers.#

All vehicles towed under this article shall be stored in a secured location as designated in the towing policy. All applicable city laws and regulations shall apply to storage facilities.

(Ord. of 03-26-2024(1))

Sec. 10.5-9. - Responsibilities and records maintained by authorized towers.#

(a) Tower shall be required to maintain all records required under state law and in accordance with the provisions of the towing policy.

(b) Tower shall be reasonably responsible for vehicle(s) towed and any contents from the time the vehicle is towed until vehicle is either released or disposed of in accordance with the towing policy and state and local laws.

(c) There shall be an attendant physically on duty between the hours of 8:00 a.m. through 5:00 p.m., except on weekends and state holidays, for the purpose of permitting inspections or releasing stored vehicles. The owner or attendant must be available twenty-four (24) hours a day, each day of the year, for the purpose of releasing stored vehicles.

(d) Tower shall be required to adhere to all responsibilities under the towing policy.

(Ord. of 03-26-2024(1))

Sec. 10.5-10. - Compensation to authorized towers.#

Towers shall be compensated for their services by the owner or authorized person of the towed and stored vehicle. The towing and storage fees charged by the tower shall be reasonable in light of those charged by other towers in the city for comparable service.

(Ord. of 03-26-2024(1))

Sec. 10.5-11. - Rotation system.#

Request for towing in the city shall be done on a rotating basis in accordance with the provisions of the towing policy.

(Ord. of 03-26-2024(1))

Sec. 10.5-12. - Solicitation of business by tower.#

(a) No tower shall respond to an accident, scene of an emergency or mechanical breakdown for the purpose of towing vehicles unless specifically called there by law enforcement personnel or the person involved in the accident or emergency.

(b) No tower shall respond to an accident, scene of an emergency or mechanical breakdown for the purpose of soliciting business.

(c) Violations of this section shall result in suspension from the towing list for thirty (30) days for the first offense, sixty (60) days for the second offense, and suspension from the towing list for a third offense for one (1) calendar year. Violations of this section may also be punishable as a Class 3 misdemeanor.

(d) Any authorized tower violating this section may also be suspended or terminated from the towing list.

(e) Towers are prohibited from soliciting business at the scene of accidents, emergencies, or mechanical breakdowns; however, a tower is not otherwise prohibited from contracting with any person, firm or corporation.

(Ord. of 03-26-2024(1))

Sec. 10.5-13. - Prohibited practices.#

Violation of any provision of this policy may subject the tower to suspension from the towing list, for reasons such as but not limited to:

(1) Deliberate failure of tower to respond to calls;

(2) Securing a towing service agreement by fraud or concealment of a material fact which, if known, would cause disapproval of the application;

(3) Violation of the towing service agreement;

(4) Chronic or repeated violations, even if minor in nature, of this policy;

(5) A single serious violation of this policy, including but not limited to:

Running unauthorized calls;
Overcharges; over submitted prices.
Alcohol or drug use;
Tardiness more than twenty percent (20%) of calls for a three (3) month period.
Failure to notify the chief with immediate changes regarding insurance, taking on new partner(s), owner(s), agent(s), corporate officer(s) or any other changes regarding anything listed in the "application for towing service";
Fraudulent acts with respect to this policy;
Failure to comply with the rules and regulations of this policy, etc.

(Ord. of 03-26-2024(1))

Sec. 10.5-14. - Complaints.#

(a) Any tower who believes he or she has been unfairly treated by any law enforcement personnel may file a complaint against that person. Such complaint shall be in writing and directed to the executive head of the applicable law enforcement agency.

(b) Any person who believes a violation of the towing policy or ordinance has occurred may file a complaint against such tower. The complaint shall be in writing and directed to the chief. The Hopewell Police Department will make provide the complainant with a complaint form to be filled out and returned to the chief. The complaints shall be investigated by the chief.

(1) After an investigation of the complaint, the chief shall notify the complainant of the results of the investigation and any action as a result of the complaint.

(Ord. of 03-26-2024(1))

Sec. 10.5-15. - Suspension or termination of authorized towers.#

(a) The chief, upon investigation of the facts, may recommend that a tower be heard by the towing panel for any violation of the provisions of this article or of the towing policy.

(b) The chief shall provide the tower with written notice of said violation. Notification of the date, time and location of a hearing on the violation shall also be provided to tower and towing panel.

(Ord. of 03-26-2024(1))

Sec. 10.5-16. - Hearing and appeals process.#

(a) In the event that a member of the towing panel lodges a complaint against another tower, said towing panel member shall be excused from the hearing.

(b) The chief or his/her designee shall be responsible for presenting the allegations against a towing company to the towing panel members and may call witnesses and ask questions of any witness.

(c) The tower will be allowed to present evidence/testimony supporting his/her case to the towing panel. If complainant is not present, the complaint form will be presented to the towing panel as complainant's evidence/testimony.

(d) The accused towing company (owner or manager) shall be allowed an opportunity to attend the hearing and bring any witness(es) that were directly involved in the incident in which the accused towing company has been charged with a violation of this policy. The owner or manager may make an opening statement, ask witness(es) questions, and make a closing statement.

(1) No party shall be allowed to be represented by an attorney at this administrative hearing.

(2) No witnesses, except for those being questioned, will be allowed in the room during the administrative hearing.

(e) The towing panel, after hearing evidence presented, shall render a decision. The chief shall not be present during deliberations or voting.

(f) The chairman presiding over the hearing shall notify the accused towing owner in writing of the towing panel's decision. A copy of the decision will be sent to the chief and the city manager.

(g) When a tower is aggrieved by the decision of the towing panel, he/she may, within ten (10) calendar days of the notification of such decision, appeal the decision to the city council. Such appeal shall be made in writing to the chief and shall state the specific act (or failure to act) and/or the specifics for the appeal.

(h) Upon an appeal under section 10.5-16 [of the towing policy], the city council shall consider whether the decision of the towing panel, based on the record before the towing panel, was based on a reasonable application of the prescribed standards. When the city council finds the towing panel's decision reasonable, the city council shall affirm; if unreasonable, the city council may modify and affirm or reverse the decision.

(i) The city council shall act upon any appeal filed under this section within thirty (30) days unless otherwise agreed in writing by the aggrieved tower. Failure of the city council to act within this time shall be deemed an affirmation of the towing panel's decision.

(j) The decision of the Board, in an appeal under this section, shall be final. In the event, the city council, after hearing the appeal, refers the matter back to the towing panel, the decision of the towing panel shall be final.

(Ord. of 03-26-2024(1))

Sec. 10.5-17. - Amendments to policy.#

(a) The towing board is hereby authorized to promulgate revisions to the towing policy.

(b) All proposed revisions shall be submitted to the city council for consideration and may be discussed with the towing board for their input on each proposed revision.

(d) Towers on the towing list shall be given written notification of any changes ten (10) days prior to the revision being adopted. Proposed changes should be given to towers on the towing list ten (10) days prior to consideration by the towing board.

(Ord. of 03-26-2024(1))