On September 5, 2023, the City Council passed Resolution No X directing the City Manager to review City Code and any other policies or procedures currently in effect regarding tow service and to provide recommendations for further action related to these items.
On December 13, 2023, staff provided an overview of the City’s existing tow regulations and policies and procedures. Staff recommended updating language to the current tow rotation regulations and amending the City Code to incorporate additional regulations and incorporate the regulations to State Statutes.
Staff researched best practices and Missouri State Statutes to strengthen the regulations of the tow service industry. A few of the notable changes include the methods of payment to be accepted by a tow service for retrieval fees, vehicle labeling requirements for tow trucks, the notification requirements to be provided to City departments prior to the removal of property by a tow company, vehicle labeling and other regulations.
Specifically, this amendment makes the following changes:
·Divides the requirements into Divisions for ease of use.
·Updates City Code references and the department administering the tow rotation.
·Division 2 is completed new. It outlines definitions and general requirements applicable to all tow service businesses and includes:
o Vehicle labeling in accordance with Missouri State Statutes;
o Prohibited acts of tow service businesses;
o Requires tow service businesses to keep for 3 years statements of the person authorizing the tow.
o Outlines the minimum level of insurance for tow service businesses operating in the City.
o Specifies the minimum hours of operation for a storage facility.
o Outlines the acceptable method of payment to include cash, travelers check, money order, debit or credit card and any electronic/mobile payment.
o Specifies the tow service business must give the vehicle owner/operator a written receipt and outlines the minimum information required on said receipt.
o Outlines basic tow service business requirements.
o Specifies every tow service business shall maintain a separate log or other document which shows for each motor vehicle that it has towed from a location within the city. This log shall be maintained for 3 years.
·Division 3 specifies a business license is required for any tow service business operating in the City, outlines the application and renewal process, compliance with applicable laws, and the license denial, suspension or revocation.
·Division 4 outlines the minimum requirements for tow vehicles and operators.
·Division 5 outlines the requirements for non-consent tows (i.e., the tow of vehicles from private property).
o Requires the tow service business to contact the city's police department prior to removing a vehicle.
o Specifies that the tow service business obtain written authorization from the property owner or the property manager or security manager of the real property prior to the tow.
o Specifies the required warning sign to be posted on the property.