Memphis City Council Summary Sheet

SUBSTITUTE ORDINANCE TO AMEND CHAPTER 41, CITY CODE OF ORDINANCES, WRECKERS AND TOWING OPERATORS

The objective of this overhaul of Chapter 41 it to update, re-organize, simplify, and streamline the Tow and Wrecker regulations to make them easier to follow for tow operators and the administrative bodies charged with regulating same. Numerous provisions were outdated and the amendments are necessary to be consistent with current and best practices. These amendments are also consistent with the ordinance regulating the immobilization of vehicles by a boot (“Booting Ordinance”) passed by City Council last year. The substantive amendments reflected are:

• Definitions: 41-2 Updated definitions which are more current and integrate language from the recently adopted booting/ticketing ordinance. Definitions added for: Attended Commercial Parking Lot, Business Hours, Designated Agent, Personal Items, Private Property, Service Call, Unattended Commercial Parking Lot.

• Storage Requirements: 41-5(e) Amended to require security measures as

approved by MPD.

• Insurance Requirements: 41-23 Updated to remove specific amounts in the ordinance but maintains the requirement of insurance, the amounts of which will be determined by Risk Management.

• Emergency Rotation List Zone/Principal Place of Business: 41-8(b)

Wrecker Companies on Emergency Service List will now be required to have principal place of business in the zone they service.

• Emergency Rotation List Zone Decals: 41-11(d)4 Zone decals will now

be required for wreckers on Emergency Service List.

• Signage: 41-19(c) Updated requirements at ingress points to align with Booting Ordinance.

• Wrecker Classifications: 41-29 Updated to reflect present day descriptions of

equipment and mirrors Tennessee Highway Patrol definitions.

• Wrecker Rates-Non-Consent Tows: 41-30 Provides for small increase in the hourly rates that can be charged, to align with similar municipalities and based upon no rate increase in past ten years.

Old Fee New Fee Class A - $125 $135 Class B - $200 $215 Class C - $350 $375

• Section 41-30 amended to add a new class of equipment, “Class C Rotator”, and allows hourly fees of $450.

• Special Equipment: 41-30(b) Allows 20% upcharge fee for special

equipment, only if requested/required by MPD.

• Wait Time: 41-30(c) Limits fee for wait time to one half maximum fee or hourly rate.

• Oil Dry Fees: 41-30(d) Allows for fee increase of $10 per 50-pound

bag of oil dry, which can only be used at request of MPD.

• Release Requirements: 41-32(a) Requires release within 2 hours after notice from vehicle owner, and requires the company to be available twenty-four (24) hours seven (7) days per week. If tow operator cannot timely release, no storage fees during time unavailable to release may be charged.

• Release to Proper Party: 41-32(b), (c), and (d) adds explicit requirements for

proof of ownership and identity.

• Storage Fees: 41-34 Specifies how storage fees by private wrecker companies may be charged.

• Lien Holder Notification Fees: 41-34(f) Wrecker companies are

authorized to charge a fee not to exceed ten dollars ($10) per letter for expenses related to notification of the owners and lienholders of an unclaimed vehicle, but only to the extent such notification is required by law.

• Methods of Payment: 41-35 Requires Companies to accept credit cards as

a form of payment, mirroring the language in the Booting Ordinance; allows for a maximum 2% surcharge for use of credit card.

• Violations and Hearings: 41-36 – 41-37 Updated to provide greater clarity of

the administrative process, consistent with Tennessee and Federal law

SUBSTITUTE ORDINANCE TO AMEND CHAPTER 41, CITY CODE OF ORDINANCES, WRECKERS AND TOWING OPERATORS

WHEREAS, the United States Supreme Court in the case of City of Columbus v. Ours Garage and Wrecker Services, Inc., 536 U.S. 424 (2002) declared that municipalities may regulate the towing industry so long as the regulations are reasonably related to safety; and

WHEREAS, the City of Memphis has heard numerous complaints from individuals over the past several years, including recent complaints regarding the removal of vehicles without following proper procedures; owners/operators not being able to timely procure their vehicles; and solicitation of business at the scenes of accidents; and

WHEREAS, the City has heard many complaints from owners and operators of wrecking and towing companies regarding certain provisions under Chapter 41 being antiquated, impractical, or vague and unclear; and

WHEREAS, the amendments are aligned with current best practices for the regulation of wreckers and towing operators;

WHEREAS, the ordinance will not prohibit any City of Memphis permitted wrecker company from going to the scene of the accident if they have been contacted by the owner or driver of the vehicle or at the direction of the Memphis Police Department (MPD); and

WHEREAS, this ordinance is not intended to and does not relate to the price, route, or provision of consensual towing services as preempted by the Interstate Commerce Commission Termination Act (ICCTA) 1975, 49 U.S.C. § 14501 (c)(1); and

NOW THEREFORE,

SECTION 1. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MEMPHIS, that Chapter 41 – Wreckers and Towing Operator – of the Code of Ordinances, is hereby amended in its entirety and substituted to read as follows:

ARTICLE I. PURPOSE, INTENT AND DEFINITIONS

Section 41-1 Purpose and Intent of Provisions.

It is declared to be the purpose and intent of this Chapter that all wreckers, towing and wrecker services doing business within the corporate limits of the City of Memphis are hereby permitted to engage in such business provided that, such wrecker and towing services obtain the requisite permit, license, and insurance coverage as set forth in the governing provisions of this chapter. This chapter is also intended to ensure consumers are charged reasonable and customary fees for wrecker services as limited by this chapter and based upon the time, labor and skill required to properly perform wrecker service.

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The provisions of this chapter shall not apply to wrecker or towing services located outside the city limits which occasionally pass through or deliver vehicles within the city limits, unless such wrecker or towing services pick up and deliver such vehicles within the city limits.

Section 41-2. Definitions.

For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:

1. Attended Commercial Parking Lot shall mean a lot or garage used for the temporary storage of passenger cars or truck for a fee, and that is staffed by an attendant at all times vehicles are parked. Attended commercial parking lots do not include residential parking areas.

2. Business Hours shall mean a minimum of eight consecutive hours between 7:00 a.m. and 7:00 p.m., Monday through Friday, for both consensual and non-consensual wrecker services. In any case, a towed vehicle must be released the owner/operator within two hours of contact with the tow/wrecker company any day of the week and where the company is not available to release the vehicle timely the owner/operator cannot be charged additional storage fees.

3. Business Parking Lot shall mean a parking lot or garage for use by patrons of a particular business or businesses for which no parking fee is charged.

4. Cruising shall mean the driving of a wrecker on the streets, alleys, roads, highways and thoroughfares with the corporate limits of the City of Memphis in a fashion or manner calculated for the purpose of soliciting business.

5. Designated Agent shall mean an agent representing a property owner for purposes of enforcing established and published parking rules.

6. Driver shall mean any person driving a wrecker on the streets, alleys, roads, highways and thoroughfares within the city limits.

7. Driver Helper shall mean any person riding with a driver or assisting him in the operation of the wrecker on the streets, alleys, roads, highways and thoroughfares with the city limits.

8. Driver Permit shall mean a permit required and issued by the Permits Office authorizing an individual driver to operate, drive or ride in a wrecker on the streets, alleys, roads, highways or thoroughfares within the city limits.

9. Emergency Wrecker Service shall mean the removal of motor vehicles from the streets, alleys, roads, highways and thoroughfares with the city limits when there is an emergency situation as defined in Section 41-8.

10. Fees shall mean any charges assessed for transporting, towing, conveying or storing a vehicle by an emergency wrecker service as approved by the Memphis City Council.

11. Final Destination shall mean the vehicle entrance threshold of the place to which the owner or operator of the towed vehicle designates that the vehicle be taken, or if there exists no such entrance threshold, then the point in the street located in the front of the place to which the Memphis Police Department otherwise designates as the vehicle entrance threshold, or the vehicle entrance threshold of the wrecker operator’s place of business or lot, in the event that the vehicle is towed to such location; notwithstanding any remaining work that must be done after reaching the final destination in detaching the

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towed vehicle and/or completing of reports. This definition is applicable to both police and private pulls.

12. Hazardous Materials shall mean any solid or liquid that is or may be deemed harmful to humans and/or the environment. Such products shall include, but not be limited to, gasoline, diesel fuel, motor oil, transmission fluid, antifreeze coolant, battery acid, brake fluid or any mix of the above.

13. License shall mean a certificate issued by the City Permits Office authorizing the owner thereof to engage in the business of towing, transporting, conveying or removal of vehicles from one point to another within the city limits. A license can either authorize the holder thereof to engage in the business of providing wrecker services or emergency wrecker services.

14. Non-consensual Towing or “non-consent” Tow shall mean towing without the prior consent or authorization of the owner or operator of the vehicle to be towed. Typically, it is categorized as police or trespass towing.

15. Permits Office shall mean the City of Memphis Office which is charged with administering and enforcing wrecker ordinances, processing applications and issuing permits for wrecker services within the city limits.

16. Personal Items shall mean any item not physically attached or mounted to the towed vehicle as defined by state law, including but not limited to clothing, tools, CD’s, personal items kept in the glove compartment, console and/or trunk.

17. Rate Card shall mean a card issued by the Permits Office for display in each emergency wrecker which contains the mandatory maximum fees or charges then in effect.

18. Service Call shall mean a call for assistance by a wrecker company where a tow is not either requested or required.

19. Unauthorized Vehicle shall mean a vehicle parked on private property without the consent of the owner of the property or his agent or the lessee of the property.

20. Wrecker shall mean a motor vehicle constructed on a truck chassis with lifting devices operated by mechanical power and employed or used for the purpose of towing, transporting, conveying or removing any and all kinds of vehicles which are unable to be or actually are not operated under their own power.

21. Wrecker Decal shall mean a permit required and issued by the Permits Office for each wrecker operated by the licensee under the authority of a license.

22. Wrecker Owner shall mean any person or entity, or the designated agent for such person or entity that holds legal title to or legal right of possession of a wrecker that is specifically designed by the manufacturer for the express purpose of towing vehicles.

23. Wrecker Service or “Tow Company” shall mean the towing, transporting, conveying, or removal of vehicles from one point to another within the area of the City limits.

ARTICLE II. LICENSE, PERMITS AND DUTIES REQUIRED

Section 41-3. Rules and Regulations of Permits Office.

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The Permits Office shall promulgate a complete set of rules and regulations describing in detail the procedures to be observed by licensed wrecker owners and operators. The director of police services, or his duly authorized designee, shall have authority to change such rules and regulations whenever, in his or her judgment, the interest of the city requires such change or revision. The violation of such rules and regulations may be grounds for suspension or revocation of the wrecker or towing license as provided in section 41-36 and 41-37 of this chapter.

Section 41-4. License and Permit Required to Operate Wrecker Services.

No person shall engage in the business of providing wrecker services within the corporate limits of the City of Memphis without first obtaining and keeping in force a license from the Permits Office to engage in such services in accordance with Section 41-5 and a valid permit from the Permits Office in accordance with Section 41-6.

Section 41-5. License Requirements.

(a) License for Wrecker Service

(1) No wrecker service shall engage in business within the city limits or offer such service to any motor vehicle upon the streets, alleys, roads, highways, and thoroughfares of the city unless a license is obtained from the Permits office.

(2) Each wrecker service owner must provide to the Permits Office a Certificate of Occupancy from the Memphis and Shelby County Office of Construction and Code Enforcement and a current business license from the Shelby County Business Office, or the equivalents issued by appropriate governing bodies in the jurisdiction in which a wrecker service outside Memphis and Shelby County is located.

(b) Emergency Wrecker Service

No person shall engage in the business of providing emergency wrecker services within the corporate limits of the City of Memphis without first obtaining and keeping in force a license to operate an emergency wrecker service from the director of police services, or his duly authorized designee as issued in the Permits office.

(c) Wrecker Service Owners with Addresses Outside the City of Memphis

Wrecker owners located in the county, but outside the city limits, who are licensed to operate in the county, pursuant to the provisions of Chapter 189 of the Private Acts of 1961, may apply for a license to operate in the city and such license shall be issued without the necessity of obtaining a Certificate of Occupancy And Use from the Memphis and Shelby County Office of Construction and Code Enforcement as set forth above, provided that such operator meets the remaining qualifications for a license including a current Business License issued by the Shelby County Business Office and complies with all rules and regulations promulgated pursuant to this Chapter.

(d) Police Rotation List for Emergency Wrecker

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Only wrecker companies licensed to operate in the city who have been issued Certificates of Occupancy And Use by the Memphis and Shelby County Office of Construction and Code Enforcement and satisfied each requirement set forth in this Chapter for emergency wrecker service shall be eligible to be included on the emergency wrecker rotation list maintained by the police services division for use in those instances in which wrecker operators are directed to the scene of a wreck by the police dispatcher. Licensed operators must apply to MPD for approval to participate on the MPD Rotation list and shall participate on that list strictly at the will and pleasure of MPD and subject to the rules and policies of MPD.

Section 41-6. Permit Application; Requirements

(a) Permit Requirements for Persons Operating a Wrecker Service.

Any person desiring to engage in the business of providing wrecker or emergency wrecker services within the corporate limits of the City of Memphis must be certified by the Department of Transportation (“DOT”) and obtain a license as required by this article. Such person must also file with Permits Office an application setting forth, among other things, the following:

(1) Name and address of the applicant.

(2) The location, description and hourly availability of wreckers owned or operated by the applicant.

(3) A statement setting forth and describing the available space for properly accommodating and protecting all disabled motor vehicles to be towed or otherwise removed from the place where they are disabled.

(4) The number of wrecker vehicles owned or available for use by the applicant.

(5) A statement that the applicant intends to comply with the fees and schedule of charges prescribed by this chapter and the rules and regulations promulgated by the director of public services.

(6) If the applicant is applying for emergency wrecker service the applicant must agree to provide twenty-four (24) hour service, including holidays, and state that he will have at all times a minimum of two (2) wreckers available and two (2) employees on duty during any twenty-four hour (24) period, except that between the hours of 7:00 p.m. and 7:00 a.m., there shall be one (1) person on duty and one (1) wrecker in use.

(7) That all wreckers will be fully equipped at all times with a broom, crowbar, flags, flares, firefighter’s axes, shovel or scoop, fire extinguishers must be a minimum of 20 lbs., and absorbent materials (i.e. oil-dry) minimum of 10 lbs.

(8) Except for the time period set out in subsection (f) above governing hours of operation for nights and on weekends that, such wrecker and emergency equipment shall be operated from one (1) business location only, provided such location(s) are in the operator’s zone.

(9) That such wreckers will be equipped with at least two (2) vehicle jacks, a set of dollies, one hundred (100) feet of towing cable; and any equipment necessary for the towing of special automobiles in order to prevent further damage to such vehicles. If such wrecker company wishes to

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be an emergency wrecker service and on the police list approved for towing such special vehicles, that wrecker company will also have available a trailer for towing motorcycles.

(10) Prior to any wrecker service operating within the City of Memphis, the city shall be added as an additional insured on such wrecker service’s insurance coverage. This shall be evidenced by such notation on the certificate of insurance on file with the City of Memphis.

(11) Any wrecker service desiring to do business with the city shall first execute a hold harmless agreement stating that it will indemnify, defend and hold the city harmless from any and all claims of any type, including attorney’s fees, which may arise out of the performance of the towing of any vehicle under or by direction from the City of Memphis Police Services Division.

(12) Compliance with the above stated conditions shall at all times be a condition precedent to providing any service to or on behalf of the City of Memphis, Division of Police Services.

(13) Storage. No wrecker company shall hereafter be eligible to obtain a permit as a wrecker operator unless such operator shall have facilities for storage at the place from which its wreckers are to be operated sufficient for the storing of not less than twenty-five (25) disabled motor vehicles. “Storage” for the purpose of this Chapter and Article, consists of the securing and storing of a motor vehicle within a building being used by the wrecker owner as his place of business or in an outside area surrounded by a six-foot (6’) sight proof fence approved by the police services division director or his duly authorized designee in a properly zoned district.

(b) Permit Requirements for Employees/Drivers of Wrecker Service.

No person shall operate a wrecker vehicle for hire upon the streets of the City and no licensed wrecker service for hire shall permit towing at any time for hire, unless the driver of said wrecker for hire shall have first obtained and shall have a current and properly updated wrecker driver/operator’s permit issued by the Permits Office.

(1) Permits required by this division shall be applied for in person and in writing, on such forms as the Permits Office may prescribe which shall show:

(A) The applicant has obtained the proper class endorsement pursuant to the provisions of Chapter 50, Title 55, Tenn. Code Annotated.

(B) All criminal statues, whether federal or state, or city ordinance violations for which conviction, forfeiture of bond or pleading of nolo contendere has occurred, including motor vehicle and traffic violations. The Permits Office must immediately submit to the Tennessee Bureau of Investigation a request for a criminal background check of the applicant upon submission of his wrecker driver permit application.

(C) Such other information as the Permits Office may require.

(2) Such application shall be accompanied by a statement from a holder of a Wrecker Service License indicating that the applicant shall be affiliated with the license holder upon issuance of the permit.

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(3) Permits shall remain the property of the Permits Office, and may be canceled, revoked, or suspended at any time and will be surrendered on demand.

(4) Each applicant applying for a permit shall appear before the Permits Office to complete an identification questionnaire on a form to be provided.

(5) A Wrecker Driver’s Permit may not be issued to any applicant who has been convicted of a felony or any crime, involving moral turpitude, within five (5) years prior to their application for such permit.

(6) The Permits Office may refuse to issue a permit to an applicant whose police record shows more than one conviction for driving under the influence of intoxicants, moving traffic violations, or any other good and just cause within five (5) years prior to their application for such permit.

(7) No permit shall be issued unless the applicant is at least twenty-one (21) years of age.

(8) It shall be the duty of the Permits Office to issue a permit to any person applying therefore, showing compliance with the provisions of the chapter.

(9) The holder of a Wrecker Driver’s Permit shall advise the Permits Office within three days of all arrests and indictments, including those for driving under the influence of intoxicants. It shall also be the responsibility of the Wrecker Service License holder with which said driver is affiliated to notify the Permits Office of said charges, arrests or indictments so long as the Wrecker Service License holder has actual knowledge of said arrests or indictments. Failure to do so may result in fine(s), suspension or revocation of said permit and/or of said license after a hearing within three business days by the Permits Office.

(10) If a permit is issued, the driver must register with the Permits Office the name of the wrecker service license holder(s). If at any time a driver wishes to change wrecker service providers the driver must register the change with the Permits Office, and a fee of three dollars ($3.00) will be charged to defray administrative cost. Failure to advise the Permits Office of any such changes may result in suspension or revocation of said permit. It shall be the responsibility of the holder of the wrecker service license to notify the Permits Office when affiliation with a driver is discontinued and any wrecker service license holder which allows a driver to operate a wrecker service vehicle for hire without a proper and complete permit may have its license suspended or revoked.

(11) Each applicant for a permit under the provisions of this section shall pay to the Permits Office an initial fifty dollars ($50.00) at the time of filing the application to cover the cost of a criminal background check, application processing and a permit card. At the biannual renewal of such permit, the applicant shall pay the sum of fifty dollars ($50.00). To replace a lost, destroyed or stolen permit that is current the fee shall be fifteen dollars ($15.00).

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(12) A permit issued under this chapter shall be in card form of such size and design as may be prescribed by the Permits Office, which shall bear on its face a photograph of the driver, the number of the permit, the expiration date thereof the company with which the driver is affiliated, and such other information as the Permits Office may require. This card shall be available for immediate display at all times. The driver shall also have a current driver’s license.

(13) A Wrecker Driver’s Permit issued under this provision shall expire at midnight two (2) years after the date of issuance. Every Wrecker Driver’s Permit in good standing will be renewable during the renewal period. The renewal period shall be from three (3) months before until five (5) working days after the expiration date. Renewal shall be made by application, as set forth below, and payment of the fee to the Permits Office. At the end of the renewal period, the license shall become null and void. Failure to make timely application for renewal of the Wrecker Driver’s Permit will result in the assessing of a reinstatement fee of fifteen dollars ($15.00) per month for up to three (3) months from the expiration date in addition to the renewal fee. After three (3) months, a completed application for a new driver permit is required within ninety (90) days of its issuance.

(14) If the driver wishes that his permit be renewed, they shall furnish, in person, to the Permits Office a statement from a Wrecker Service License holder(s) indicating that the driver is a current driver for said certificate holder.

(15) The Permits Office and/or Transportation Commission is hereby given the authority to fine a penalty fee of no more than fifty dollars ($50.00), to suspend or revoke any Wrecker Driver’s Permit issued under this chapter for a driver’s failure to comply with the provisions of this chapter or the rules and regulations specified by the Permits Office and/or Transportation Commission.

(16) The Permits Office shall notify a driver and the associated Wrecker Service License holder of the violations with which they are charged and their right to a hearing before the Transportation Commission for any suspensions/revocation recommended by the Permits Office in excess of five (5) days. A hearing shall be held at such time as may be conveniently scheduled but within thirty days (30) days of the notification to the driver of the recommended suspension/revocation exceeding five (5) working days. (17) The Permits Office and/or Transportation Commission may suspend or revoke any driver and/or license of associated Wrecker Service License holder for allowing any other person to use the permit granted to said driver for the purpose of operating a wrecker, another type of passenger vehicle for hire, or for any other reason.

(18) The Permits Office may suspend or revoke the Wrecker Driver’s Permit of any driver who defaces, removes, or obliterates any official entry made upon the permit.

(19) Every driver holding a valid wrecker driver’s permit shall be subject to random drug screening as established in this section unless the Wrecker Service License holder for whom the driver works is included in the Tennessee Highway Patrol Rotating Schedule

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Towing List. Drivers may be selected for drug and alcohol testing on a random basis by using a scientifically valid random number generation method approved by the Permits Office. Upon selection, the Permits Office shall notify the Wrecker Service License holder for whom the driver works. The Wrecker Service License holder shall be responsible for notifying the driver. Once advised of the required test, a driver must take the test within twenty-four (24) hours. The Permits Office will use testing location already approved by the city.

(20) The cost of the testing shall be borne by the certificate holder if the results are negative. If the results are positive, the cost of the test shall be borne by the driver tested. The results of all tests shall be immediately provided to the Permits Office.

(21) Drivers will be subject to urine drug and breath alcohol testing. Drug testing will be for any illegal drug or substance including but not limited to amphetamines, cocaine or its derivatives, marijuana, opiates, and phencyclidme (PCP). Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. Breath alcohol testing will be considered positive at a 0.04 alcohol level or higher.

(22) The use of a controlled substance is not prohibited, which is prescribed by a treating medical physician, if this physician makes a good faith judgment that use of the substance by the driver at the prescribed dosage level is consistent with the safe performance of the driver’s duties. Drivers using a controlled substance prescribed by a treating physician must immediately notify the Wrecker Service License holder that they are taking such medication. The Wrecker Service License holder may request a doctor’s certificate verifying the treatment. Abuse of a controlled substance is prohibited.

(23) Any driver who refuses to comply with a request for testing, who provided false information in connection with a test, or who attempts to falsify tests results through tampering, contamination, adulteration, or substitution shall have his/her permit revoked immediately. Refusal can include an inability to provide a specimen or breath sample without a valid medical examination, and a verbal declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test.

(24) Any driver who tests positive under the first random testing procedure may be subject to the following:

A. Suspension of his/her permit for thirty (30) to one hundred twenty (120) days; and/or

B. Referral to an assessment by a substance abuse professional (SAP). Return to work drug and alcohol test at the end of suspension; and/or

C. Completion of a return to work agreement outlining terms of return to work, including ongoing treatment and additional random testing for up to five (5) years with a minimum of six (6) tests that first year.

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(25) Any driver who has a second positive test under the random testing procedure within three (3) years from failing the first drug screening shall be subject to revocation of his/her permit.

(26) No driver who has had a permit revoked for failing drug screening shall be eligible for a permit for six (6) months following revocation. At the end of that period, any re-application must include evidence that the driver has undergone treatment for substance abuse and proof of a negative drug screen within one week of reinstatement.

(27) A driver who fails a drug/alcohol test within three (3) years of a first suspension shall have his/her permit revoked for two (2) years. A third violation shall result in a permanent revocation.

(28) Testing shall be done on all drivers subject to a fitness for work evaluation when there are reasons to believe that drug or alcohol use may be adversely affecting job performance. The Wrecker Service License holder and the Permits Office will make reasonable suspicion determinations.

(29) Testing shall be done on all drivers involved in an accident that results in a fatality, or injuries requiring immediate transportation to a medical facility or the driver receives citation by local law enforcement officers, or if one or more vehicle incurs disabling damage that requires towing, pushing etc. from the site and driver receives a citation for a moving violation arising from the accident. Acceptance of a Wrecker Driver’s Permit under this chapter signifies consent to testing if a driver is unconscious after being involved in such an accident.

(30) Following an accident, the driver will be tested as soon as possible, but not to exceed eight (8) hours for alcohol testing and thirty-two (32) hours for drug testing. Any driver involved in an accident must refrain from alcohol use for eight (8) hours following the accident or until he/she undergoes a post-accident test. Any employee who leaves the scene of the accident prior to the submission to the drug/alcohol test will be considered to have refused the test and be subject to permit revocation.

(31) Confidentiality will be maintained throughout the drug/alcohol testing process. The Risk Manager of the City will maintain results in the strictest confidence in a medical file separate from the official personnel file. In cases where disciplinary action results from positive test, such information shall be shared only with those in a supervisory capacity involved in that action.

Section 41-7. Making False Statement; Power not to Grant Application

Any person making a false statement in any application required by the Permits Office shall forfeit his permit and shall not be eligible to receive or hold a permit from the Director of Police Services or his duly authorized designee Permits Office for a period of five (5) years. The Director of Police Services or his duly authorized designee shall have the power not to issue any permit when it finds that such issuance would interfere with the public health, safety, and welfare of the residents of the City of Memphis.

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Section 41-8. Emergency Wrecker Service and Wrecker Service Requirements and Records.

(a) Emergency Wrecker Service

In order to regulate, facilitate and provide for the proper and orderly flow of traffic upon the streets, alleys, roads, highways, and thoroughfares within the City, including the regulation and control of parking and to promote public safety, the following acts and circumstances shall be deemed an emergency situation which shall require the immediate removal of a vehicle from the streets, alleys, roads, highways and thoroughfares within the city limits:

(1) When a vehicle is parked, stopped or standing in violation of any regulation or ordinance of the city government.

(2) When a vehicle is parked, stopped or standing so as to obstruct the orderly flow of traffic.

(3) When a vehicle is disabled by an accident and constitutes an obstruction of traffic, and its immediate removal or storage for safekeeping is necessary in the interest of public safety and protection of property.

(b) Except as otherwise provided in this chapter, for each vehicle towed by a wrecker services, the licensee shall retain at the wrecker owner’s principal place of business all documents related to the towing of the vehicle along with any records required to be maintained pursuant to this chapter including, but not limited to, towing agreements, written authorizations for removal, and wrecker slips or tickets. The principal place of business for wrecker companies on the MPD Emergency Rotation List shall be in the respective zone.

The wrecker owner shall make all towing records available for inspection by the Permits Office upon request. If a wrecker owner fails to fulfill a Permits Office request to inspect towing records within three (3) business days of the request, the owner’s Wrecker Service License is automatically suspended until compliance by the wrecker owner.

(c) Records location.

The records required by this subsection shall be maintained at the location where the vehicle is stored until the vehicle is recovered. Thereafter, such records shall be stored at a location within the city where members of the public may obtain such information during regular business hours. Furthermore, all wrecker services, public and private, which tow impounded vehicles, shall register with the Permits Office and City Impound Lot the current telephone number of the person responsible for releasing vehicles on their behalf.

(d) A person desiring to engage in a wrecker service shall register with the Permits Office a trade name that clearly differentiates the person’s company from all other companies engaging in vehicle tow services and shall use no other trade name in conducting vehicle tow services.

(e) Private Property Tows

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All private property tows must be reported to the Memphis Police Department and cleared by the Memphis Police Department prior to the vehicle being towed. All private property tows must be in compliance with TCA 55-5-122.

Section 41-9. Identification of Wreckers.

The owner of a wrecker shall have the company name address and business phone number painted or otherwise permanently affixed on the outside of each front door of the wrecker thereof, in letters not less than four (4) inches in height. Notwithstanding the foregoing, all such information must fit on the doors of each wrecker. This provision shall not apply to any wrecker or tow truck included on the City rotation list as of December 1, 2005.

Section 41-10. Wrecker License Application Fee and Inspection

Each person applying for a license to operate a wrecker service or an emergency wrecker in the City of Memphis shall pay a one-time fee of Five-Hundred Dollars ($500.00) to have the application investigated by the director of police services or his duly authorized designee which shall include the inspection of each wrecker, storage facility and all remaining requirements.

Section 41-11. Issuance of Wrecker Decals; Transfer and Display.

When an application for a license under this Chapter has been approved by the Permits Office, a wrecker decal shall be issued through the Permits Office.

(a) No person shall operate a wrecker used for towing purposes to remove vehicles from any street, alley, road, highway, or thoroughfare or within the area of the City or for towing vehicles over the area of the city unless a wrecker decal approved by the director of police services or his duly authorized designee is obtained from the Permits Office for each such wrecker vehicle.

(b) A wrecker decal issued hereunder shall not be sold, assigned, mortgaged or otherwise transferred. Written notification must be submitted to the Permits Office immediately upon the licensee terminating the wrecker service or upon revocation.

(c) A current wrecker decal issued by the Permits Office, shall be prominently and conspicuously displayed on each wrecker at all times.

(d) Types of Decals

1. General Purpose - Permits towing of vehicles where the owner has consented to the control of the vehicle to a third party such as a repair shop; repossessions but not for violations whether private property or otherwise.

2. Non-Consent – Permits the towing of vehicles for violations whether private property, city, state or federal violations.

3. Emergency – “Emergency wrecker service” permits the removal of motor vehicles from the streets, alleys, roads, highways and thoroughfares within the area of the

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City of Memphis when there is an emergency situation. An Emergency Decals will signify that General Purpose and Non-Consent Towing are also authorized.

4. Zone Decals – Once approved by the Division of Police Services, zone decals are issued by the Permits Office on behalf of MPD.

Section 41-12. License and Decal Responsibility.

Upon approval of a wrecker service license it shall be the responsibility of the applicant to purchase from the Permits Office a wrecker decal and any other such decals which shall at all times be prominently displayed on the windshield of each wrecker used for towing purposes.

Section 41-13. Expiration and Renewal; Decal Fees; Inspection.

(a) All wrecker decals issued under this Article shall expire on April 15th (fifteenth) of each year and shall be renewed between March 1st (first) and April 15th (fifteenth) of each year.

(b) A decal fee of fifty dollars ($50.00) for each wrecker vehicle in use shall be paid to the Permits Office to defray the cost of administration of this chapter. This fee will be required for all wrecker services, emergency and non-consent, unless the application is made after September 1st, in which event such fee shall be twenty-five dollars ($25.00) for any new truck placed in use or any newly licensed company.

(c) All renewal applications are subject to investigation by the director of police services or his duly authorized designee which shall include the inspection of each wrecker, storage facility and all remaining requirements.

Section 41-14. Destination and Storage Requirements.

(a) A wrecker owner or operator shall tow the vehicle to any place designated by the owner or operator of such vehicle unless otherwise directed by the Memphis Police Division. The driver of the wrecker shall in all cases, before moving the vehicle to be towed, ask the owner or operator of such vehicle the place to which he desires the vehicle to be taken and shall transport such vehicle to such place upon the towing charges being paid or secured; otherwise, the vehicle shall be towed or transported to the wrecker operator’s storage lot.

(b) In the event that the place to which the owner or operator of the towed vehicle desires that the vehicle be taken is not open for business or available to receive the vehicle, the owner or operator of the towed vehicle and the wrecker operator shall agree between themselves as to the procedure to be followed in towing the vehicle to an alternate location.

(c) Should the wrecker operator tow the vehicle to his own place of business for later delivery to the place designated by the owner or operator of the towed vehicle, towing and storage charges will be imposed in accordance with sections 41-30, 41-31 and 41-34 of this chapter. The wrecker driver must inform the owner or operator of the towed vehicle regarding the rates to be charged, prior to towing the vehicle to the alternate location.

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(d) In the event that the owner or operator of such vehicle is not available to designate the place to which such vehicle is to be taken, then the wrecker driver shall take such towed vehicle to his own place of business unless otherwise directed by the Memphis Police Division. If the vehicle is taken to the wrecker driver’s own place of business, the wrecker operator shall thereupon be responsible for the security of the vehicle and its contents. The wrecker operator shall also be responsible for contacting the owner of such vehicle within forty-eight (48) hours to inform such owner that the vehicle is in his custody.

(e) In those instances which require the wrecker driver to make a second tow in order to deliver the vehicle from his place of business to the place designated by the owner or operator of the towed vehicle, such second tow shall be made within thirty-six (36) hours of the request or designation. Failure of the wrecker operator to comply with such request or designation shall be deemed a violation of this chapter and subject to the penalties as provided in sections 41-36 and 41-37 of this Chapter of the Code of Ordinances.

(f) No wrecker company shall tow a vehicle from public or private property under orders of one not the owner of the vehicle to a storage lot which is outside the geographic limits of the City of Memphis. All wrecker owners shall immediately upon connecting the vehicle to be towed take such vehicle directly to the licensed storage lot owned or operated by the wrecker owner located within the geographic lines of the city limits. Such towed vehicle shall not be dropped or left at any other lot or on any property without the consent of the owner for any period of time. No towed vehicle shall be stored on the public street.

(g) If the vehicle to be towed is involved in an accident and the owner or operator of the vehicle thereof is unable to give any instructions on his own behalf, the driver of the wrecker shall tow the wrecked vehicle to the wrecker service’s storage lot and it will be presumed and considered prima facie evidence that the owner or operator of such wrecked vehicle consents to and desires that his vehicle be towed to such location.

(h) A towed vehicle shall not be stored more than a reasonable walking distance from the area where the towing and storage fee payments are received.

(i) The operator shall exercise reasonable care to keep towed vehicles and their contents secure at all times.

(j) Personal property in vehicles must be released in accordance with state law.

(k) Whenever a wrecker company is involved in towing and its storage lot is closed or has the gate locked, a conspicuous sign, no smaller than 36 inches by 36 inches with 4 inch lettering, must be posted at the entrance of its storage lot which provides instruction and a local telephone number for obtaining the release of a vehicle when its lot is not open, its local telephone number must be posted and shall be answered twenty-four (24) hours a day. The local telephone number must be posted and the name of a representative of the wrecker company shall be registered with the Permits Office. A wrecker company which fails to keep current phone and company representative information posted and registered with the Permits Office shall not be able to charge a storage fee if such failure interferes with the return of a vehicle to the vehicle owner or designee.

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Section 41-15. Drivers, Driver Helpers, and Employees Wrecker Owner’s responsibilities – Compliance required.

(a) No wrecker owner shall engage in, or permit any driver or driver helper to engage in, any activities or practices contrary to the public safety or welfare, or contrary to the proper discharge of their duties in the course of their employment, while conducting a wrecker service.

(b) Each wrecker owner shall be responsible for its employees complying with the laws of the City of Memphis, the State of Tennessee, the United States, and the rules and regulations of the City of Memphis which reflect on the fitness of such employees to be employed in the operation of a wrecker service. Any violations by the employees of a wrecker owner shall be cause for revocation, suspension, probation or failure to renew the license of the wrecker company and the permits of the drivers or driver helpers.

Section 41-16. Hazardous Material Clean-up.

Guideline for Wrecker Services Engaged in Clean Up of Motor Vehicle Accident Fluids

Memphis Division of Fire Services/Memphis Division of Police Services

Purpose:

This document shall specify requirements and limits associated with the cleanup of Hazardous Materials where Fire or Police employees are responsible for the safety of the roadway and care for our local environment. It is intended for distribution to Police, Fire, and Wrecker Company operators.

Hazardous Materials:

Hazardous materials are defined for the purposes of this guideline as any solid or liquid that is or may be deemed harmful to humans and/or the environment. This definition is decidedly broader than other established guidelines for the purpose of encompassing all the safety concerns of the community and city government. Specific products that may not normally meet the definition of hazardous materials or hazardous waste but are specifically covered here are gasoline, diesel fuel, motor oil, transmission fluid, antifreeze/coolant, battery acid, brake fluid or any mix of the above.

Wrecker services operating within the City of Memphis are regulated by the Memphis Police Department. Any needs of the Fire Division must be met through cooperation with the Police Division.

To expedite opening of the roadway, it has been acceptable past practice to require wrecker drivers to remove fluids associated with motor vehicle accidents along with removal of the vehicles. The purpose of this requirement is to prevent the safety hazard associated with slick roadways and to provide remediation for the thousands of small spills that have a direct impact on everything from our water supply to our quality of life.

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All fire companies are equipped with absorbent material sufficient to stop these materials from entering the storm drain and other waterways. If possible, Fire personnel should prevent these fluids from running off the pavement and therefore aiding in their removal from the scene.

The wrecker service must be equipped with sufficient absorbent material and tools to pick up all fluids associated with the vehicle they are towing. Multiple vehicles leaking fluids shall be addressed using the police officer’s discretion to determine who is charged for the removal of these products. Wrecker services should be notified upon dispatch of the approximate amount of fluids spilled and denied the tow if they are not prepared to complete the clean of the roadway.

Wrecker services are permitted to charge to the tow, costs associated with removal and disposal of these hazardous wastes. Charge limits are described and regulated by the Memphis Division of Police Service.

Cleanup of the above-mentioned products shall be limited in the following way:

1. All wrecker services are limited to cleanup of hazardous materials on the pavement only. Notwithstanding the foregoing, wrecker services are permitted to c clean up hazardous materials five (5) gallons must be removed by a certified hazardous materials clean-up company. Small amounts of fluids that are easily shoveled in with oil dry may also be removed.

2. Class C Wreckers are limited to removal of spills from the vehicles fuel tanks, engines, and drive train. Quantities shall not exceed 300 gallons per wrecker. This is generally the capacity of two saddle tanks for over the road trucks.

3. Class A and B wreckers are also limited to removal of spills from the vehicles fuel tanks, engine and drive train. Quantities shall not exceed 30 gallons per wrecker.

4. All fuel removal operations shall be accomplished using non-sparking tools. Plastic scoops and shovels are readily available and must be used whenever the potential for fire exists. Smoking shall be prohibited during these operations.

5. Fuel products should be packaged in a DOT approved steel or plastic drum and labeled in compliance with 49 CFR. Small or large drugs are acceptable, readily available, and not overly burdensome to the wrecker’s operation.

6. The clean-up of hazardous materials in excess of three-hundred (300) gallons shall be performed by a qualified Hazmat clean up company. The Fire Department and the Memphis/Shelby County Emergency Management Agency are familiar with procedures for contacting these companies.

7. Wrecker Services who wish to participate on the Memphis Police wrecker rotation list shall require its drivers and driver helpers to attend Hazmat Awareness for wrecker drivers and driver helpers training.

City of Memphis Guideline for Hazardous Materials Clean-Up Companies

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Purpose:

This document shall specify requirements associated with the cleanup of Hazardous Materials where City of Memphis employees are serving as Incident Commander. This guideline is intended to establish relationships and familiarity with personnel wishing to provide clean up services to facilitate safe operations, timely remediation, and the return of City assets to service. Further, it is deemed basic due diligence for the City to ensure, that any person performing work in and around a Hazmat site be properly trained and credentialed prior to the emergency event.

For this purpose, no person or company shall be permitted to do Hazmat cleanup work within the City limits of Memphis without compliance with this guideline. The incident commander may grant exceptions during extraordinary circumstances. State law in Tennessee calls for the highest ranking Fire Officer to work the role of incident Commander.

Hazardous Materials:

Defined for the purposes of this guideline as any solid, liquid, or gas that is or may be deemed harmful to humans and/or the environment. This definition is decidedly broader than other established guidelines for the purpose of encompassing all the safety concerns of the community. Specific products not normally meeting the definition of hazardous materials or hazardous waste but are specifically covered here are gasoline, diesel fuel, motor oil, transmission fluid, battery acid, antifreeze/coolant, brake fluid or any mix of the above.

NOTE:

Let it be known by all parties that Memphis Fire Department response personnel shall never be authorized to contract for cleanup services. MFD provides contact information only for responsible parties in need of clean up service. To prevent confusion and costly misunderstandings, any request for cleanup service must be made by the spiller, his company representative, or the Memphis/Shelby County Emergency Management Agency. In the event that no responsible party is present, the Memphis/Shelby County Emergency Management Agency shall contract for cleanup services.

Fire Department Hazmat units shall maintain current contact information for any Hazardous Materials clean up company in compliance with this document. This information is maintained and presented in such a way as to show no preference toward any company or individual.

Hazardous Materials Clean Up Companies:

Defined as a private contractor whose business is among other things the remediation of hazardous materials. It is required by the City of Memphis that any person or organization performing hazardous materials remediation work within the city limits meet the following requirements:

1. Forty-hour OSHA compliant HAZWOPER training for all employees of the company who shall work in direct contact with hazardous materials or handle these products after they are packaged for removal. This shall include the company site supervisor.

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2. Training records of ALL on-site personnel available for review by the Incident Commander at the time of the incident.

3. A copy of the company’s current Shelby County Business License on file with the Memphis Fire Department (MFD) Special Operations office and the Memphis/Shelby County Emergency Management Agency.

4. Proof of Liability Insurance current not less than $1,000,000 on file with the MFD Special Operations office and the Memphis/Shelby County Emergency Management Agency.

5. A copy of the company’s Tennessee State Permit to Transport Hazardous Waste or a copy of a signed contract with a third party transporter and a copy of their permit to transport hazardous waste on file with the MFD Special Operations office and the Memphis/Shelby County Emergency Management Agency.

6. The company must have at least one member on the scene within one hour of receiving the phone request for service and begin remediation work within ninety minutes of the same call for service. Extenuating circumstances may be discussed and approved by the Incident Commander.

7. The company shall provide the MFD Special Operations office a list of services offered to include specialty equipment available. This list shall also include pertinent limitations. General areas of interest are:

a. Any chemical products specialized in or excluded by the company.

b. Any biological products specialized in or excluded by the company.

c. Any Radioactive products specialized in or excluded by the company.

d. Any specialty services provided by the company.

e. Availability of vacuum or steam cleaning services.

8. The written site safety plan must be presented to and approved by the Incident Commander. Any plan must include as a minimum.

a. Personnel roles.

b. PPE selection.

c. Emergency procedures.

d. Site sketch with extent of work planned.

e. Plan for removal and packaging of waste material.

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f. Timeline for completion of removal process to include removal of packaged material.

g. Location or facility determined for waste disposal.

h. Method of environmental testing shall be listed to ensure complete removal of hazardous materials.

Section 41-17. Duty to remove accident debris.

Whenever any wrecker driver or driver helper removes a vehicle from the scene of an accident on the streets, alleys, roads, highways, or thoroughfares within the municipal boundaries of the City of Memphis, it shall be the duty of such driver and driver helper to simultaneously remove and carry away all glass, metal, oil dry, solvent provided by the Memphis Fire Department and any debris which may have been cast upon such areas as a result of the accident or collision and to place such debris in containers.

Section 41-18. Soliciting Business Generally; Soliciting Repair Business at Accident Scene.

(a) It shall be unlawful to drive along any street or bridge and solicit any towing work. Solicitation of towing work by the driver or driver helper of a licensed wrecker service while parked on any street, alley, road, highway, and thoroughfares within the city limits is expressly prohibited.

(b) It shall be unlawful for a wrecker owner, driver or driver helper of a wrecker or an agent, employee or representative of the owner or driver of a wrecker at the scene of any accident, to pressure or otherwise coerce or insist that the owner or operator of a vehicle sign a work order or agreement at the scene of the place from which the vehicle is to be transported for any repairs to be made on such vehicle.

No repairs shall be made and no parts shall be removed from such vehicle until express written authorization has been obtained by the owner, provided, however, that, if the wrecker company operator dismantles any such vehicle without the authority of the owner of the wrecked vehicle, the wrecker company shall restore such vehicle to its original condition at the time that it was picked up, and deliver the same to the owner or the owner’s designee within thirty-six (36) hours. There shall be no charge for the dismantling, restoring of the vehicle to its original condition, or for storage if the wrecker company driver has dismantled such vehicle without the authority of the owner.

Section 41-19. Private Property Tow Authorization.

(a) The owner or person in lawful possession of private property, including an apartment complex or condominium association, may cause the removal of a vehicle parked on the property in compliance with applicable law. Wrecker service operators shall comply with all federal, state, and local laws concerning the towing of vehicles from private property, including, but not limited to, Tenn. Code Ann.§ 55-16-112 and Tenn. Code Ann. § 66-28-518.

(b) Signage requirements. No vehicle may be towed from private property unless there is permanent signage affixed at all entrances to the property, which sign shall not be less than 18 inches by 12 inches in size, and shall not be less than 42 inches or more than 72 inches from the

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ground. The lettering shall not be less than four inches in height on a white background, prohibiting public parking. The sign must include the following information:

Parking Policy Strictly Enforced

Violators will be Towed at Owner's Expense

$135.00 Maximum Towing fee

(Name and 24-hour phone number of towing company)

(Name and number of Memphis Police Department Report Center

Complaints? Contact the City of Memphis Permits Office (901) 636-6711

The sign must also indicate that a citation may also be issued for the violation. On a development with an Integrated Center Sign or a Complex Sign as permitted under the Unified Development Code, a sign of the same size, information content, and lettering size may be placed and maintained on the Integrated Center Sign or Complex Sign in lieu of at every driveway entrance to the property.

(c) Prior to the removal of a towing a vehicle (or personal property) from private property by a wrecker service without the owner’s consent, the towing company must have express written authorization for the towing of that vehicle (or personal property) from the owner of the private property, property manager, or designated agent. When an individual is designated by a private property owner to act as an agent to authorize towing from the property, such designation must be in writing, signed by the private property owner, notarized, and filed with the Permits Office. Such designation shall name the wrecker company used by the property owner. A wrecker company may perform a periodic audit as part of a contractual agreement with a private property owner for the purpose of identifying vehicles on the property which may be inoperable or defective. The existence of such an arrangement shall be disclosed on the designation described above filed with the Permits Office which states the name of the private property owner’s agent to authorize towing, wrecker company used, and list of violations that will cause a vehicle to be towed without consent from the owner’s property. Contracts or written agreements between a towing company and private property owners for non-consensual towing must be retained by the towing company, and must include the property owner’s signature and the signature(s) of any agent(s) designated by the private property owner a copy of which must be available for inspection by the Memphis Police Department and/or Permits Office upon request.

Section 41-20. Reporting Accidents and Scene Calls.

Every person operating wreckers within the city, upon receipt of a call to any accident location involving death, injuries or property damage, shall immediately notify the police services division of the location of the accident.

Scene calls:

(a) Any wrecker owner, driver, driver helper, employee or representative receiving a “scene call” must immediately notify the police dispatcher. No wrecker driver or driver helper shall

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respond to scene locations without permission from the police dispatcher. Such wrecker company owner, driver, driver helper, employee, or representative regardless of the class of wrecker requested or location must first provide the police dispatcher with the following information: scene location, make, model and vehicle type. The police dispatcher will verify the time of the call, scene location and ascertain information if any other wrecker company has been dispatched prior to granting permission.

Section 41-21. City Employees Soliciting For Wrecker Companies.

No City of Memphis employee shall recommend or solicit business on behalf of any wrecker service or tow company.

Section 41-22. Investigation of applicant; Creation of zones.

(a) The Permits Office designee shall investigate or cause to be investigated each applicant under this article to determine whether the applicant has met each of the requirements to operate a wrecker service in the City of Memphis. Such investigation will establish whether the wrecker owner has the necessary facilities and equipment as required under this chapter, and whether the owner has been convicted of a felony within the last two (2) years which shall require the pre-approval of the Memphis Transportation Commission.

(b) The Director of Police Services or his designee may decide the number of wrecker call zones and the number of wrecker operators that will be placed on the police services wrecker rotation call list in any zone in order to promote public safety and efficiency of service. Every wrecker owner shall be required to operate wreckers from an approved location in the zone where the business is designated to make tows; provided, however, no wrecker operator shall be denied the right to operate in any zone in which it was operating prior to July 1, 1989.

(c) No person shall, regardless of number of wrecker companies in which he has an interest, acquire more than one listing per zone on the Memphis Police Services rotational list. This section shall apply to each wrecker company in which any single individual has any ownership interest. For purposes of this section, the term “interest” is defined as including, but not limited to, any participation in a wrecker company or tow-in business either directly or indirectly, near or remote, or any pecuniary interest.

(d) The Memphis Police Department maintains the Emergency Rotational List strictly to assist it in the removal of vehicles, as needed. Wrecker services, on this list, are at all times acting as agents of MPD.

Section 41-23. Insurance Required.

No license to operate a wrecker service shall be issued, become effective, or continue in force or effect unless all insurance requirements, as determined by the Risk Management Office of the City Memphis, and proof thereof are submitted in a form prescribed by the City of Memphis prior to the issuance of a license.

Section 41-24. Rate Card – Display.

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Every wrecker used to make non-consent tows shall be issued a Rate Card by the Permits Office setting forth the maximum authorized rates and charges permitted by the City of Memphis. Such card shall be displayed in such a place as to be in full view of anyone wishing to inspect same.

Section 41-25. Recovery of Vehicles Submerged in Water and Off the Road.

The owner or operator of any vehicles submerged in water or off the pavement more than two hundred feet will be charged the applicable hourly rate of a Class B wrecker. The wrecker driver will be allowed a maximum time of three hours to recover any submerged vehicle. The attending supervising officer from the Memphis Police Department will determine the need for driver personnel or specialty equipment.

Section 41-26. City Impound Lot Storage Fees, Private Lot Fees, and Administrative Fees.

(a) An administrative fee of ten dollars ($10.00) will be assessed for each tow ticket processed at the Memphis Police Department (City Impound Lot Facility). Such fee shall be charged to the consumer in accordance with Section 41-27.

(b) The storage of a vehicle by a wrecker operator any municipally operated vehicle storage or impound lot shall be thirty dollars ($30.00) for each twenty-four hour period, or fraction thereof, after the first two (2) hours of impoundment. All vehicles shall be towed to the City Impound Lot except vehicles which have been damaged in an accident and cannot be safely driven. Such vehicles shall be removed from the scene of the accident by a wrecker service owner or operator and towed to such wrecker owner or operator’s private wrecker lot, provided that, such wrecker owner or operator has not been notified by the Memphis Police Department that the vehicle is needed for evidentiary or investigative purposes.

(c) The maximum storage fee for a forty-five (45) foot tractor trailer is thirty dollars ($30.00), for each twenty-four hour period, or fraction thereof. All vehicles must be stored behind the fence of the vehicle storage lot.

Section 41-27. Stolen vehicles/City Impound Lot.

When stolen vehicles are stored by the City on a municipally owned storage lot, the owner will not be liable for the tow fees, administrative fees nor liable for storage fees if he/she reclaims the vehicle within five (5) days after notification of the recovery and whereabouts of his/her vehicle. If the owner does not pick up the vehicle from the municipally owned lot within five (5) days after notification of the recovery and whereabouts of the vehicle, the owner will be liable for tow fees, administrative fees, and all storage costs from the time the vehicle was first placed on the storage lot.

Further, owners of vehicles involved in a crime in which they are deemed a victim will not be liable for the tow fees, administrative fees nor liable for storage fees if he/she reclaims the vehicle within five (5) days after notification of the recovery, whereabouts and availability of the vehicle. If the owner does not pick up the vehicle from the municipally owned lot within five (5) days after notification of the recovery, whereabouts and availability of the vehicle, the owner will be liable for tow fees, administrative fees, and all storage costs from the time the vehicle was first placed on the storage lot.

Section 41-28. Billheads for Emergency Wrecker Services and Wrecker Services.

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(1) Each emergency wrecker company and wrecker services company shall use billheads with the name, address, and place of business of the wrecker company printed thereon. The operator of a wrecker towing away a vehicle shall prepare a bill on this billhead form in triplicate; the original copy of which shall be given to the owner of the vehicle or his authorized representative; one copy shall be sent to the director of police services or his duly authorized designee on or before the fifteenth of the month; and the last copy must be retained by the owner of the wrecker company. This bill shall contain the following information:

(a) Name and address of person engaging the wrecker.

(b) The state license plate number or the VIN (Vehicle Identification Number) of the towed vehicle.

(c) Class of Wrecker and rates to be charged:

All A, B, and C class wrecker bills will be specifically stated and will include the time of arrival on the scene of the tow and the time of arrival at the final destination of the tow, the number of work hours, the rate, and all incidental charges to be specifically described.

(d) Storage rates per day, or part thereof in accordance to section 41-34.

(e) Place to where vehicle is to be towed.

(2) Upon towing any vehicle by a wrecker service, the wrecker service shall maintain records which shall include the following information:

(a) The Memphis Police Department control notification number.

(b) The date and time the call was received by the wrecker service.

(c) The name of the caller.

(d) The date and time of initial tow.

(e) The place of initial tow.

(f) The date and time of arrival at the impound lot.

(g) The date and time of release to the owner.

(h) The name of the wrecker driver and driver helper that towed the vehicle.

(i) The total amount of the tow including storage.

(j) The name, title, and telephone number of the person authorizing towing action.

In satisfaction of subsections (2)(c) and (2)(j), calls received by a wrecker service from the MPD Dispatcher shall be so noted on the billhead as the name of the caller and the name of the person authorizing the towing action.

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(3) The duplicate copy of the bill shall be retained by the wrecker owner for a period of not less than 24 months, and shall be produced upon demand by the Director of Police Services or his duly authorized designee, or any person who removes the towed vehicle from the original wrecker owner’s place of business to another place. ARTICLE III. WRECKER CLASSIFICATION, FEES, AND VEHICLE RELEASE

Section 41-29. Wrecker Classifications.

The following criteria shall be met for each class for inclusion on the Towing List:

(a) Class A. For towing passenger cars, pickup trucks, small trailers or other vehicles having a gross vehicle weight of zero (0) through seven thousand (7,000) pounds and meeting the following requirements:

1. Tow-truck chassis minimum manufacturer’s capacity of fourteen-thousand (14,000) pounds.

2. Individual boom capacity of not less than eight-thousand (8,000) pounds.

3. Individual power-winch pulling capacity of not less than eight-thousand (8,000) pounds.

4. Minimum seventy-five (75) feet of three-eighths-inch cable, wire rope or synthetic rope on each drum.

5. A tow-truck equipped with a device capable of lifting the wheels of a disabled vehicle in such a manner as to allow the vehicle to be towed (wheel lift), or;

6. A tow-truck equipped with a bed capable or sliding or rolling back in such a manner as to allow a disabled vehicle to be pulled/loaded onto the bed and the bed returned to a hauling position on the tow-truck (roll back).

(b) Class B. For towing medium size trucks, trailers, or other vehicles having a gross vehicle weight of seven thousand one (7,001) pounds through twenty-six thousand (26,000) pounds and meeting the following requirements:

1. Tow-truck chassis minimum manufacturer’s capacity of twenty six-thousand (26,000) pounds.

2. Boom Specifications:

Single boom with no less than a thirty two-thousand (32,000) pound capacity and a power winch pulling capacity of no less than thirty two-thousand (32,000) pounds.

3. Two hundred (200) feet or more of at least seven-sixteenths inch cable, wire rope or synthetic rope on each drum.

4. Cradle tow plate or tow sling to pick up vehicles; cradle of tow plate to be equipped with safety chain, or;

5. A tow-truck equipped with a device capable of lifting the wheels of a disabled vehicle in such a manner as to allow the vehicle to be towed (wheel lift).

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(c) Class C and Class C Rotator. For towing large trucks, road tractors and trailers or other vehicles having a gross vehicle weight in excess of twenty-six thousand (26,000) pounds and meeting the following requirements:

1. Tow-truck chassis minimum manufacturers; capacity of not less than thirty five-thousand (35,000) pounds and tandem rear end axle with two (2) live drive axles.

2. Boom Specifications:

Single boom with no less than a seventy-thousand (70,000) pound capacity and a power winch pulling capacity of no less than seventy-thousand (70,000) pounds.

3. Two hundred (200) feet or more of nine-sixteenths-inch cable or synthetic rope on each drum.

4. Air brakes so constructed as to lock wheels automatically upon failure.

5. Class C Rotator trucks may be utilized if needed and directed by police personnel.

Section 41-30. Non-consensual Tow Wrecker Fees Prescribed.

(a). The following fees shall apply for non-consensual towing services; the fee for each tow shall be based on the class of the wrecker performing the tow service:

(1) Class A Wrecker Service: The maximum charge for Class A wrecker services within the corporate limits of the city shall be $135.00.

(2) Class B Wrecker Service: The fees for Class B wrecker services within the corporate limits of the city shall be no more than $215.00 per hour, plus fee for the use of a licensed driver helper at the rate of forty-five dollars ($45.00) per hour. The hourly rates will commence at the time the wrecker arrives on the scene where the vehicle is located and will terminate at the time the wrecker and vehicle to be towed arrives at the final destination.

(3) Class C Wrecker Service: The fees for Class C wrecker services within the corporate limits of the city shall be no more than $375.00 per hour, plus fee for the use of a licensed driver helper at the rate of seventy-five dollars ($75.00) per hour. The hourly rates will commence at the time the wrecker arrives on the scene where the vehicle is located and will terminate at the time the wrecker and vehicle to be towed arrives at the final destination.

(4) Class C Rotator Wrecker Service: The fees for Class C Rotator wrecker services, if required and at the direction of law enforcement, shall be nor more than $450.00 per hour, plus fee for the use of a licensed driver helper at the rate of seventy-five dollars ($75.00) per hour. The hourly rates will commence at the time the wrecker arrives on the scene where the vehicle is located and will terminate at the time the wrecker and vehicle to be towed arrives at the final destination. Should Class C Rotator wrecker services be sent to the scene and not at the direction of law enforcement, Class C wrecker services fees as stated in 41-26 (a.) (3) shall apply.

(b) Special Equipment. In the event and at the direction of law enforcement the wrecker service is required to rent or lease a piece of special equipment, which is not required in the normal operation of a wrecker

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business, the actual cost for lease or rental of such special equipment/labor may be passed on to the vehicle owner with an additional 20% upcharge. Should special equipment be sent to scene and not at the direction of law enforcement, no additional fee shall apply.

(c) Wait Time. When any class of wrecker of is required to wait at the scene for functions to be performed by others (e.g., emergency personnel), waiting time charges for wrecker services and a licensed driver helper may not exceed one-half of the applicable maximum fee or hourly rate.

(d) Where requested and authorized by MPD, there may be an additional fee up to ten dollars ($10.00) per 50 pound bag of oil dry.

(e) Only one towing fee may be charged per vehicle, per incident. No additional fees for non-consensual towing may be charged, including fees for using dollies, trailers, lifts, Slim Jims, fire extinguishers, or any other equipment or service, unless explicitly provided for herein.

Section 41-31. Private Property Tow Rates.

The tow company may not collect any other fees associated with a private property tow except as follows:

1. Class A Wrecker Services – Maximum $125.00

2. Class B Wrecker Services – Maximum $200.00

3. Class C Wrecker Services – Maximum $350.00

Section 41-32. Vehicle Release.

(a) A vehicle must be released to the owner/operator that presents proof of ownership/control of a vehicle within two (2) hours of documented contact with the wrecker service, which shall be available twenty-four (24) hours seven (7) days per week either by telephone or office hours. Failure to timely release the vehicle shall result in the mandatory release of the vehicle without payment of any accumulated storage fees during the time the company is not available to timely release the vehicle to the owner.

(b) Documentation allowed by Memphis Police Department for release of vehicles from a municipally owned impound shall be deemed adequate for purposes of establishing ownership or vehicle control. Vehicles must be released to the registered owner or person in lawful control of a towed vehicle after the requisite fees are paid. The following shall be deemed sufficient proof of ownership and control for purposes of release of the towed vehicle:

1. The owner must present their driver’s license or a valid photo identification issued by a state, federal, or national government; or

2. If the owner does not have government issued photo identification, the owner must present two of the following forms of identification:

i. Social Security Card

ii. Voter’s Registration Card

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iii. Birth Certificate

iv. Photo Work ID

v. Marriage License

vi. Military Discharge

vii. Passport

3. The owner must present proof of ownership. One of the following documents is acceptable to use as proof of ownership:

i. Title

ii. Application for Certificate of Title

iii. Registration commonly known as a tag receipt or license renewal receipt.

iv. Bill of Sale

v. Conditional Sales Contract

(c) Any person, other than the vehicle’s owner, claiming lawful control of the towed vehicle and seeking its release, must upon request willingly execute a hold harmless agreement for the benefit of the wrecker company. A wrecker company must, for this purpose, use a hold harmless agreement provided by the Permits Office and/or approved by the Permits Office.

(d) Disputes over release of towed vehicles that may result in additional charges must immediately be referred to the Permits Office for resolution. The Permits Office’s decision resolving the referred dispute will be deemed final.

Section 41-33. “FEE” To Drop Private Property Towed Vehicle Before Departing.

If the owner or operator of the vehicle is present and able to remove the vehicle to be towed from the premises before it is connected to the towing vehicle, the owner or operator shall not be charged any fee. If the owner or operator of the vehicle is present after the towing vehicle has been connected to the vehicle to be towed, the vehicle shall not be towed, but the owner or operator of the vehicle shall be liable for a reasonable fee not to exceed forty-five dollars ($45.00), in lieu of towing, provided the owner or operator of the vehicle forthwith removes the vehicle from the premises. A vehicle shall be deemed connected if every procedure required securing the vehicle to the wrecker or wrecker equipment so that the vehicle may be safely towed has been completed at the time the owner or operator arrives, including the attachment of any safety chains. In the event that a tow is disregarded, the wrecker owner/operator responding to the call shall be rotated back to the top of the City’s Wrecker Rotation List.

A wrecker company’s tow slip must be completely prepared and given to the owner or operator of the vehicle initially scheduled to be towed upon payment of such “drop fees” and in accordance with Section 41-28.

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Section 41-34. Wrecker Lot Storage Fees.

(a) Any person operating a wrecker upon the streets of the City and maintaining a storage lot must maintain personnel available to answer telephone calls 24 hours a day, with authority to accept payment and to release any impounded vehicle, on duty seven days a week. Such person must be available within a maximum two (2) hour period to release a vehicle upon receiving a request of the owner. Failure to timely release the vehicle shall result in the mandatory release of the vehicle without payment of any accumulated storage fees during the time the company is not available to timely release the vehicle to the owner.

(b) The storage fee of a vehicle that has been towed as the result of a non-consensual tow shall be no more than thirty dollars ($30.00) for each twenty-four hour period, or fraction thereof, after the first two (2) hours of impoundment. Storage rates shall cease once the owner/designee contacts the towing company requesting pick up of a vehicle, if the towing company cannot accommodate the request within two hours.

(c) The storage fee for a vehicle towed from private property shall be no more than thirty dollars ($30.00) for each twenty-four hour period, or fraction thereof, to begin twenty four (24) hours from the time the tow is reported to MPD. Storage rates shall cease once the owner/designee contacts the towing company requesting pick up of a vehicle, if the towing company cannot accommodate the request within two hours.

(d) Storage of trailers less than fifty-three feet shall be no more than sixty dollars ($60.00) for each twenty-four hour period, or fraction thereof. Storage of trailers equal to or greater than fifty-three feet shall be no more than ninety dollars ($90.00) for each twenty-four hour period, or fraction thereof. All vehicles must be stored behind the fence of the vehicle storage lot.

(e) Vehicle access for the sole purpose of retrieving personal items shall be provided without charge and personal items not needed for evidentiary reasons shall be released without charge to the vehicle owner or designee, unless Memphis police department orders otherwise. Personal items are anything not physically attached or mounted to the towed vehicle. Such items include but shall not be limited to, clothing articles, tools, CDs, personal items contained in glove boxes, trunk or consoles.

(f) An administrative fee of ten dollars ($10.00) may be assessed for each tow ticket processed at any privately owned storage lot which is operated and staffed twenty-four hours a day, seven days a week. Such fee shall be charged to the consumer.

(g) In addition to the rates authorized above, wrecker companies are authorized to charge a fee not to exceed ten dollars ($10) per letter for expenses related to notification of the owners and lienholders of an unclaimed vehicle, but only to the extent such notification is required by law.

Section 41-35. Methods of Payment.

(a) Every wrecker company and/or vehicle storage facility doing business within the corporate limits of the city shall accept payment by: (1) Check (2) Cash (3) Major credit card (i.e.: Visa, Mastercard, American Express)

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(b) There may be an additional fee of no more than 2% charged for use of a credit card.

ARTICLE IV. VIOLATIONS, HEARINGS, PENALTIES AND APPEAL, SEVERABILITY

Section 41-36. Violations.

Violations of this ordinance are subject to the Rules and Regulations of the Memphis Transportation Commission and as approved herein by the City Council of the City of Memphis.

(a) It is declared that violations of the Ordinances of the City of Memphis, State of Tennessee codes and/or federal laws may result in an Administrative Hearing before the Permits Administrator, as set forth in this ordinance, and/or referral to the Memphis Transportation Commission as further set forth in this ordinance.

Section 41-37. Hearings, Penalties and Appeals.

(1) Hearing before Permits Administrator. If it appears that a wrecker service or Wrecker Service License holder has violated any of the aforementioned requirements or rules and regulations, the Permits Administrator shall have the authority to conduct a hearing with the wrecker service representatives and/or Wrecker Service License holder upon forty-eight hours notice. If violations are found to have occurred, the Permits Administrator may suspend the wrecker service license and/or wrecker driver’s permit up to a period not to exceed ten days and/or administer a fine in conjunction with the Rules and Regulations of the Memphis Transportation Commission. Upon expiration of the suspension, the wrecker service license and/or permit will not be reinstated until such time that the requirement, rule or regulation violation is corrected and the wrecker operator meets all provisions of this chapter. Any decision by the Permits Administrator may be appealed within five (5) days to the Transportation Commission.

(2) Appeal Hearing before Transportation Commission. At such an appeal hearing before the

Transportation Commission the wrecker service or operator shall be allowed to answer such charges and respond to the decision of the Permits Administrator. The Rules and Regulations of the Memphis Transportation Commission shall apply for any penalties levied against the wrecker service or wrecker operator including but not limited to fines, suspensions, probation and/or revocations.

(3) Revocation. Unless good cause is shown, any wrecker operator whose Wrecker Service License

and/or Wrecker Driver’s Permit has been revoked shall not be eligible to reapply for a license for a period of one (1) year from the date of such revocation.

Section 41-38. Severability.

If any section, subsection, sentence, clause, phrase, word or any other part of this article shall be declared unconstitutional or invalid by a court of competent authority, then the remainder of this ordinance shall not be affected and shall remain in full force and effect.

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SECTION 2. BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF MEMPHIS that this Ordinance shall take effect on May 1, 2019, after having been duly passed by the Council, signed by the Chairman of the Council, and certified and delivered to the Office of Mayor in writing by the comptroller.