Tow Lots Ordinance

72.060      Metro Government tow lots

72.061    Removal of vehicle by owner-operator

72.062    Towing and custodian care charges

72.063    Supplemental emergency wrecker service

72.064    Release of vehicle from Vehicle Impoundment Division



§ 72.060 METRO GOVERNMENT TOW LOTS.

The Metro Government tow lot, known as the Vehicle Impoundment Division, shall be under the direction of the Director of Public Works. The Metro Government tow lot shall be maintained and operated on a 24-hour basis and shall have storage facilities to take care of all vehicles towed by Metro Government wreckers and contract wreckers employed by the Director of Public Works or PARC on behalf of Metro Government. The tow lot shall be secured as to preclude tampering with vehicles stored at the tow lot. Tow lot personnel shall exercise reasonable care to prevent damage accruing to any vehicle in their custody.

(1999 Lou. Code, § 75.23) (Lou. Ord. No. 108-1968, approved 5-29-1968; Lou. Am. Ord. No. 207-1988, approved 7-29-1988; Lou. Am. Ord. No. 163-1998, approved 8-4-1998; Lou. Am. Ord. No. 0126-2001, approved 10-12-2001; Lou. Metro Am. Ord. No. 197-2003, approved 10-28-2003; Lou. Metro Am. Ord. No. 64-2005, approved 5-17-2005)

§ 72.061 REMOVAL OF VEHICLE BY OWNER-OPERATOR.

(A) (1) An abandoned or illegally parked vehicle may be removed by the owner or operator of the vehicle at any time prior to the vehicle becoming physically attached to a Metro Government wrecker or contract wrecker employed by the Director of Public Works on behalf of Metro Government.

(2) After a vehicle has been physically attached to a Metro Government wrecker or contract wrecker employed by the Director of Public Works on behalf of Metro Government, but before the wrecker has left the scene, the owner or operator of the vehicle may take possession of the vehicle. The wrecker driver shall issue a release to the owner or operator. Such release shall be in the form of a receipt furnished by the Vehicle Impoundment Division and signed by the driver of the wrecker acknowledging the release of the vehicle from the tow truck before actual towing.

(B) Neither the removal of a vehicle by an owner or operator as referred to in subsection (A)(1) nor the issuance of the release referred to in subsection (A)(2) shall be construed as relieving the owner or operator of any such vehicle from responsibility for any violation of the traffic code with which the owner or operator may be charged.

(1999 Lou. Code, § 75.25) (Lou. Ord. No. 108-1968, approved 5-29-1968; Lou. Am. Ord. No. 70-1978, approved 8-1-1978; Lou. Am. Ord. No. 155-1978, passed over Mayor's veto 2-13-1979; Lou. Am. Ord. No. 207-1988, approved 7-29-1988; Lou. Am. Ord. No. 235-1988, approved 8-17-1988; Lou. Am. Ord. No. 162-1990, approved 7-16-1990; Lou. Am. Ord. No. 163-1998, approved 8-4-1998; Lou. Am. Ord. No. 0126-2001, approved 10-12-2001; Lou. Metro Am. Ord. No. 197-2003, approved 10-28-2003; Lou. Metro Am. Ord. No. 64-2005, approved 5-17-2005)

§ 72.062 TOWING AND CUSTODIAN CARE CHARGES.

(A) A towing charge of $85 for each hour or fraction of an hour required for towing shall be made for each motor vehicle. Where it is necessary to use more than one wrecker in moving or recovering a vehicle, an additional charge of $85 per hour or fraction of an hour shall be assessed for each additional wrecker used. Where it is necessary to use additional equipment in moving or recovering a vehicle, such as a dolly, an additional charge of $25 shall be assessed for each additional piece of equipment used. However, if the additional wrecker or equipment is furnished by contract wrecker employed by Metro Government for Metro Government or for a private person the charge made shall be the actual cost of the equipment to Metro Government but not less than $85 per hour or fraction thereof for a wrecker and not less than $25 per hour or fraction thereof for additional equipment.

(B) The Metro Government tow lot shall charge $10 as a handling charge on all passenger cars, pick-up trucks, vans and motorcycles plus a storage charge of $10 for each of the first seven days or fraction thereof the vehicle is retained in storage and a charge of $5.00 per day for each additional day the vehicle remains in storage.

(C) For all other vehicles, the Metro Government tow lot shall charge $20 as a handling charge, plus a storage charge of $15 for each of the first seven days the vehicle is retained in storage and a charge of $7.50 per day for each additional day the vehicle remains in storage.

(D) The Cabinet Secretary for Public Works and Services shall set all towing charges in writing. The fees set forth in this section are the initial fees and hereinafter the Cabinet Secretary for Public Works and Services may raise the fees no more than 10% each year.

(E) The owner of the vehicle shall pay all charges, including any parking citations that have become final, before the vehicle is released. The Cabinet Secretary, or a named designee, shall collect all towing and storage charges, and citation fees from the owner of any such vehicle. Upon payment of all charges and presentation of proper identification and proof of ownership, the Cabinet Secretary, or a named designee, shall authorize release to the owner, or the owner's authorized designee, of any such vehicle.

(F) The Vehicle Impoundment Division shall account for and remit all charges so collected to the Metro Government Finance Cabinet at least every 72 hours.

(1999 Lou. Code, § 75.26) (Lou. Ord. No. 70-1978, approved 8-1-1978; Lou. Am. Ord. No. 120-1979, approved 9-6-1979; Lou. Am. Ord. No. 71-1980, approved 5-20-1980; Lou. Am. Res. 233, approved 11-14-1980; Lou. Am. Ord. No. 199-1986, approved 6-26-1986; Lou. Am. Ord. No. 207-1988, approved 7-29-1988; Lou. Am. Ord. No. 231-1988, approved 8-17-1988; Lou. Am. Ord. No. 210-1989, approved 8-1-1989; Lou. Am. Ord. No. 160-1990, approved 7-16-1990; Lou. Am. Ord. No. 162-1990, approved 7-16-1990; Lou. Am. Ord. No. 163-1998, approved 8-4-1998, effective date 12-1-1998; Lou. Am. Ord. No. 0126-2001, approved 10-12-2001; Lou. Metro Am. Ord. No. 197-2003, approved 10-28-2003; Lou. Metro Am. Ord. No. 64-2005, approved 5-17-2005)

§ 72.063 SUPPLEMENTAL EMERGENCY WRECKER SERVICE.

(A) The Director of Public Works and PARC may contract with independent wreckers and award contracts for independent wreckers to furnish supplementary emergency wrecker services to Metro Government. These services shall be performed on a 24-hour basis in addition to Metro Government wreckers. The Director of Public Works shall determine the necessary qualifications for any independent contract wrecker. The wreckers shall be equipped to perform the services with efficiency and to conform with the towing charges set forth in writing by the Director of Public Works. The wrecker is to protect Metro Government by furnishing to the Director of Public Works evidence of insurance fully covered as to public liability, property damage, cargo, workman's compensation, and any other insurance necessary in the performance of its duties, in a form and with limits of liability satisfactory to the Director of Works.

(B) Metro Government-owned wreckers shall in all respects be given priority over contract wreckers in responding to PARC enforcement requirements. The Director of Public Works and PARC may utilize contract wreckers only if, at the time wreckers are required by PARC, Metro Government-owned wreckers are in use or otherwise not available to PARC.

(1999 Lou. Code, § 75.27) (Lou. Ord. No. 108-1968, approved 5-29-1968; Lou. Am. Ord. No. 207-1988, approved 7-29-1988; Lou. Am. Ord. No. 163-1998, approved 8-4-1998, effective date 12-1-1998; Lou. Am. Ord. No. 0126-2001, approved 10-12-2001; Lou. Metro Am. Ord. No. 197-2003, approved 10-28-2003; Lou. Metro Am. Ord. No. 64-2005, approved 5-17-2005)

§ 72.064 RELEASE OF VEHICLE FROM VEHICLE IMPOUNDMENT DIVISION.

No motor vehicle shall be released by the Vehicle Impoundment Division except on written order from the Cabinet Secretary for Public Works and Services, or a named designee.

(1999 Lou. Code, § 75.30) (Lou. Ord. No. 108-1968, approved 5-29-1968; Lou. Am. Ord. No. 207-1988, approved 7-29-1988; Lou. Am. Ord. No. 232-1988, approved 8-17-1988; Lou. Am. Ord. No. 163-1998, approved 8-4-1998, effective date 12-1-1998; Lou. Am. Ord. No. 0126-2001, approved 10-12-2001; Lou. Metro Am. Ord. No. 197-2003, approved 10-28-2003; Lou. Metro Am. Ord. No. 64-2005, approved 5-17-2005)