Title
To amend Section 2107.06 of the Columbus City Codes, 1959, pertaining to impounding fees and storage charges.
Explanation
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BACKGROUND:
This ordinance amends Section 2107.06 of the Columbus City Codes to increase the fees charged for towing and storage of vehicles. The last increase occurred in 2001. Since that time, numerous costs, associated with the towing and storage of vehicles, have increased. Also, this increase will place the City's rates for towing and storage at the level other jurisdictions in Ohio are charging.
FISCAL IMPACT:
There are no costs associated with this ordinance. The City will realize additional revenue of approximately $700,000 from the Parking Violations Bureau/Police Impound Lot as a result of the increase in towing and storage charges.
Body
WHEREAS, it is in the best interest of the City to regulate tow trucks that contract within the City and tow trucks operated by the Division of Police; and,
WHEREAS, an increase in fees will place the City at the same level other City's in Ohio charge; and
WHEREAS, an increase in fees charged and collected by the Parking Violations Bureau and private towing companies is necessary due to increased operational costs of wrecker equipment, labor, and storage facilities, thereby preserving the public health, peace, property, safety, and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That existing Section 2107.06 of the Columbus City Codes, 1959, be and is hereby amended to read as follows:
2107.06 Impounding fee and storage charge--Exceptions.
(a) No vehicle impounded under the provisions of this chapter, except as provided in subsections (b) and (c) hereof, shall be removed from such vehicle pound except upon the payment by the owner, chauffeur, driver or other person in charge of such vehicle, of a service charge of seventy dollars ($70.00) ninety dollars ($90.00) to the parking violations bureau of the city treasurer for any motor vehicle weighing not more than seven thousand (7,000) pounds. There is no additional fee charged if a dolly or rollback is required to tow said motor vehicle to the vehicle pound. A service charge of one hundred dollars ($100.00) one hundred twenty dollars ($120.00) shall be paid to the parking violations bureau of the city treasurer for an motor vehicle weighing more than seven thousand (7,000) pounds but not more than ten thousand fifty (10,050) pounds. A service charge of one hundred forty-five dollars ($145.00) one hundred sixty-five dollars ($165.00) shall be paid to the parking violations bureau of the city treasurer for any motor vehicle weighing more than ten thousand fifty (10,050) pounds. In addition to the rate set forth above for all motor vehicles, an additional hourly fee may be charged for extra services that are required in connection with towing said motor vehicles such as to upright an overturned vehicle, clean excessive debris from the roadway, recover a vehicle not on the traveled portion or berm of a highway, or to separate vehicles or pull a vehicle from an obstruction, an additional hourly rate will be charged. This additional charge will be at the following rates:
1. Seventy dollars ($70.00) Ninety dollars ($90.00) per hour for vehicles weighing seven thousand (7,000) pounds or less.
2. One hundred dollars ($100.00) One hundred twenty dollars ($120.00) per hour for vehicles weighing more than seven thousand (7,000) pounds, but not more than ten thousand fifty (10,050) pounds.
3. One hundred forty-five dollars ($145.00) One hundred sixty-five dollars ($165.00) per hour for vehicles weighing ten thousand fifty (10,050) pounds or more.
4. A fee of seventy dollars ($70.00) ninety dollars ($90.00) may be added if a trailer dolly is required due to the trailer not being attached to a tractor.
A storage fee of ten dollars ($10.00) fifteen dollars ($15.00) per day for each twenty-four (24) hours, or fraction thereof, shall be charged for vehicles with a gross vehicle rating less than ten thousand fifty (10,050) pounds. A storage fee of fifteen dollars ($15.00) twenty dollars ($20.00) per day for each twenty-four (24) hours, or fraction thereof shall be charged per vehicle and per trailer with a gross vehicle rating of ten thousand fifty (10,050) pounds or more. (Ord. 2808-90; Ord. 80-02 § 4.)
(b) Any stolen vehicles that have been recovered and impounded by the police pending notification of the legal owner or agent shall be subject to the impounding fee or storage charge. However, the storage shall be charged beginning the fourth day after impoundment, provided the legal owner or agent has been notified, or notification has been sent to the last known address of the owner or agent.
(c) Any vehicle weighing less than seven thousand (7,000) pounds of which has been impounded for the sole purpose of "safekeeping" and from which the driver or operator has been removed due to illness or injury shall be subject to the impounding fee and storage charge. However, the storage fee shall be charged beginning the fourth day after the date of impoundment. Any vehicle weighing seven thousand (7,000) pounds or more and/or a commercially registered vehicle which has been impounded for the sole purpose of "safekeeping" which the driver or operator has been removed due to illness or injury shall be subject to the impounding fee and storage charges. Additional service fees incurred for all vehicles other than towing and storage will be assessed the owner or agent thereof and shall be paid before the vehicle is released.
(d) The owner of a vehicle that has been removed from the streets, sidewalks or public grounds pursuant to Section 2107.01 of the city codes and that has been determined by the courts by a preponderance of the evidence to be an innocent vehicle owner as defined in Section 4503.235(B) of the Ohio Revised Code shall not be held liable for the payment of any fees associated with the towing and/or impounding of said vehicle. (Ord. 854-01 § 1 (part).)
(e) The owner of a vehicle that has been removed from the streets, sidewalks or public grounds pursuant to Section 2107.01 of the city codes and that has been determined by the violations clerk to be a victim of violent crime against person or other special circumstance shall not be held liable for the payment of any fees associated with the towing and/or impounding of said vehicle. (Ord. 854-01 § 1 (part); Ord. 1230-01 § 1.)
SECTION 2. That existing Section 2107.06 of the Columbus City Code, 1959, is hereby repealed in its entirety.
SECTION 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.