(a) In accordance with Section 9-509 of the 2012 Detroit City Charter, the schedule of fines, and of penalties for the late payment of fines, for parking violations are as follows:
| Violation | Violation Code | Fine | Fine When Paid After 30 Days, inclusive of late penalties, for Vehicles Registered in Michigan | Fine When Paid After 30 Days, Inclusive of Late Penalties, for Vehicles Registered in Michigan | Fine When Paid After 30 Days, Inclusive of Late Penalties, for Vehicles Registered in Another State or Country |
| Parked in prohibited area/no parking | 801 | $45.00 | $22.50 | $65.00 | $95.00 |
| Improper parking | 802 | $45.00 | $45.00 | $65.00 | $95.00 |
| Blocking alley | 804.1 | $45.00 | $45.00 | $65.00 | $95.00 |
| Blocking driveway | 804.2 | $45.00 | $45.00 | $65.00 | $95.00 |
| Blocking crosswalk | 804.3 | $45.00 | $45.00 | $65.00 | $95.00 |
| Double parking | 805.1 | $45.00 | $45.00 | $65.00 | $95.00 |
| Double standing | 805.2 | $45.00 | $45.00 | $65.00 | $95.00 |
| Fire hydrant | 805.3 | $45.00 | $45.00 | $65.00 | $95.00 |
| No standing (anytime) | 811.1 | $45.00 | $45.00 | $65.00 | $95.00 |
| Snow emergency violation | 811.2 | $45.00 | $45.00 | $65.00 | $95.00 |
| Coach stop | 811.3 | $45.00 | $45.00 | $65.00 | $95.00 |
| No standing (a.m.) | 812 | $45.00 | $45.00 | $65.00 | $95.00 |
| No standing (p.m.) | 813 | $45.00 | $45.00 | $65.00 | $95.00 |
| Overtime parking | 814 | $45.00 | $45.00 | $65.00 | $95.00 |
| Parking meter violation | 821 | $45.00 | $22.50 | $65.00 | $95.00 |
| Parking in area reserved for persons with disabilities | 830 | $150.00 | $150.00 | $170.00 | $200.00 |
| Department of Public Works street cleaning | 835 | $45.00 | $45.00 | $65.00 | $95.00 |
| Unauthorized parking - private property | 840 | $45.00 | $45.00 | $65.00 | $95.00 |
| Unattended - key in vehicle | 860 | $45.00 | $45.00 | $65.00 | $95.00 |
| No stopping | 870 | $45.00 | $45.00 | $65.00 | $95.00 |
| Vehicle and equipment specified in Section 46-4-19 of this Code | 880 | $150.00 | $150.00 | $170.00 | $200.00 |
This schedule shall be posted at the Municipal Parking Department Parking Violations Bureau and, if located in a different location than the Parking Violations Bureau, at the main office of the Municipal Parking Department.
Amended by Ord. No. 18-19 (JCC 5/21/2019, Passed 7/2/2019, Approved 7/3/2019, Published 7/19/2019, Effective 7/19/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) Violation of any of the following sections of this chapter is deemed to be a misdemeanor.
(1) Section 46-1-47. Unlawful disposition of parking violation notices or citations.
(2) Section 46-1-72. Penalty for removal of restraint or movement of a vehicle after immobilization.
(3) Section 46-1-83. Failure to answer a citation or notice to appear.
(4) Sections 46-2-91 to 46-2-99. Police authorized towing.
(5) Section 46-4-48. Deposit of slug, device, or substitute in parking meters prohibited.
(6) Section 46-4-50. Damage to, or tampering with, parking meters prohibited.
(7) Section 46-4-91. City license or other permit required; exceptions; violation; penalty.
(8) Section 46-4-109. Operation of snowmobiles prohibited in public places.
(9) Section 46-4-110. Vendors’ vehicles to be removed at request of police.
(10) Section 46-4-113. Solicitation of towing services prohibited at the scene of accidents and emergencies.
(b) Unless another penalty is provided for in this chapter or in the Michigan Vehicle Code, being MCL 257.1 et seq., which is incorporated by reference into this chapter through Section 46-3-1 of this Code, a person convicted of a misdemeanor for a violation of this chapter shall be punished by a fine of not more than $100.00, or by imprisonment for not more than 90 days, or both in the discretion of the court.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
It is the purpose of this Division to establish a residential parking permit program to reduce hazardous conditions resulting from the use of streets within residential districts for the parking of vehicles by nonresidents; address motor vehicle congestion in areas and neighborhoods of the City without driveways, or garages; to protect those residential districts from polluted air, excessive noise, trash and refuse caused by the entry of the nonresident vehicles; to protect the residents of the districts from excessive burdens in gaining access to their residences; to promote efficiency in the maintenance of residential streets in a clean and safe condition; and to preserve the safety of children and other pedestrians; and preserve the peace, good order, comfort, convenience and welfare of the inhabitants of and visitors to the City.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
In addition to the definitions set forth in Sections 46-1-1 through 46-1-7, the following words and phrases, whenever used in this Division, shall have the meanings defined in this section unless the context clearly requires otherwise.
Block face means all lots abutting both sides of a street between two intersecting streets.
Certified resident means a property owner having title to real property or a renter who has a valid lease.
Corner lot means a lot that is located at the intersection of two or more streets within a residential parking permit area.
Motor vehicle shall include an automobile, truck, motorcycle or other motor-driven form of self-propelled transportation not in excess of 6,000 pounds gross weight.
Partial block face means a portion of a block face.
Residential district means a contiguous or nearly contiguous area containing public roadways which are primarily abutted by residential property and non-business property such as parks, religious institutions and schools.
Residential parking permit area means that area that has been defined by the Department of Public Works through the establishment of clearly defined boundaries within which residents shall be eligible to purchase residential parking permits.
Traffic generator means a property or properties which generates non-residential traffic. This includes employment areas; colleges and universities; medical centers; commercial and entertainment areas; and transit areas.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) Petition. An individual resident or group of residents in a residential district that, in their opinion, is unreasonably impacted by parking congestion caused by the district's proximity to a traffic generator may submit a petition to the Office of the City Clerk requesting that the district be designated a residential parking permit area.
(1) The petition forms shall be made available on the City's website and at the Office of the City Clerk.
(2) The individual resident or group of residents shall provide relevant information regarding the proposed residential parking permit area on the petition such as time or day limits, or both, proposed boundaries and circulate it within the residential district to ascertain resident support:
a. The petitions must contain signatures of certified residents of at least 60% of all residences in the residential area and meet the designation criteria in Section 46-2-24 for consideration as a residential parking permit area; and
b. Apartment buildings and other multiple family dwellings shall be considered as one residence for petitioning purposes and shall be limited to one signature, which shall be the signature of the property owner or the signature of a person who is legally authorized to sign on behalf of the property owner, not renters; and
c. The minimum boundary requirement shall be one block face; and
d. The petition shall identify a resident petition coordinator and shall conform in form and content with the requirements established under this Division. Each sheet of the petition shall be verified by the affidavit of the person who obtained the signatures to the petition. A person who willfully affixes another's signature, or subscribes and swear to a verification that is false in any material particular, is guilty of perjury.
(3) Upon receipt of the completed petitions and payment of the applicable fee, the City Clerk shall issue a petition number and forward a copy of the completed petitions to the Department of Public Works and the Municipal Parking Department.
a. ln accordance with the Charter, the Office of the City Clerk shall establish and publish the fee for application under this section.
b. The fee shall include each department's costs of processing and evaluating such petition.
(b) Preliminary Analysis. Within 10 days after receipt of the completed petition from the Office of the City Clerk, the Director of the Department of Public Works shall determine whether the request is reasonable and merits further analysis. The preliminary analysis will include, at minimum, a determination if on-street residential parking is presently permitted on the streets being considered for permit parking and whether any obvious traffic conditions exist making it unreasonable to consider permit parking. The preliminary analysis shall be filed with the Office of the City Clerk and provided to the Municipal Parking Department.
(1) If the proposed residential parking permit area set forth in the petition meets the preliminary thresholds for consideration, the City Clerk shall notify the Department of Public Works and Municipal Parking Department to proceed with compiling a formal recommendation. The City Clerk shall also notify the resident petition coordinator that the preliminary thresholds for consideration have been met and the City shall compile a formal recommendation.
(2) If the proposed residential parking permit area set forth in the petition does not meet the preliminary thresholds for consideration, the Department of Public Works shall provide written notice to the City Clerk and the resident petition coordinator that the petition is insufficient and outlining the reasons for which the residential parking permit area is ineligible for designation. The City shall remit the fee to the resident petition coordinator.
(c) City-Sponsored Initiative. The City may initiate the designation of a residential parking permit area based upon current or future development projects or the existence of a traffic generator impacting a residential district by forwarding a formal recommendation to the City Clerk and City Council. A City-sponsored initiative shall follow the process set forth in this Division, except for the petition requirements set forth in subsection (a) of this section.
(d) Formal Recommendation to City Council. Within 30 days after receipt of the preliminary analysis result, the Department of Public Works shall submit a formal recommendation by written report to City Council. The formal recommendation shall indicate, based upon departmental recommendations and the community engagement process in Section 46-2-25, whether to designate the residential district as a residential parking permit area.
(1) The formal recommendation shall clearly state whether a residential district is unreasonably impacted by parking congestion caused by the district's proximity to a traffic generator or parking congestion issues, or by future anticipated parking congestion that is resultant from residential development projects requesting that the district be designated a residential parking permit area.
(2) The formal recommendation shall include the following supporting information:
a. The Department of Public Works Traffic Engineering Division shall forward its recommendation based on the results of the parking study undertaken pursuant to Subsection (a) to determine whether a residential district can support the designation as a residential parking permit area to the Municipal Parking Department.
b. The Municipal Parking Department shall forward its recommendation and supporting information to the Department of Public Works Traffic Engineering Division which may include parking studies, occupancy studies and information regarding the number and type of parking citations issued and metered parking revenues collected within the proposed residential parking permit area during the previous year, if such information regarding revenues is available. The Municipal Parking Department shall also provide a recommendation for parking in the proposed residential parking permit area.
c. Any relevant data the Department of Public Works obtained from the Planning & Development Department, Detroit Police Department, or any other agency or department upon which the formal recommendation is based.
(e) For any petition filed during the first twelve months following the operative date of this division, the 10 and 30-day time frames in subparts (b) and (d) of this Section shall be suspended.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) A residential area shall be deemed eligible for consideration as a residential parking permit area if, based upon an objective analysis of traffic and parking conditions by the Department of Public Works Traffic Engineering Division and analysis of Municipal Parking Department data as part of the formal recommendation, it is established that the residential parking area is impacted by nonresident or commuter vehicles for extended periods of time during the day or night, on weekends or during holidays.
(b) At minimum, the following factors shall be considered in the determination of whether a residential area qualifies for designation as a residential parking permit area:
(1) The extent of the desire or the need of the residents for residential parking and their willingness to bear the administrative cost in connection therewith;
(2) The extent to which the legal on street parking spaces are occupied by motor vehicles during the period proposed by parking restrictions;
(3) The extent to which the parking in the area during the period proposed by parking restriction are commuter vehicles rather than resident vehicles;
(4) The extent to which motor vehicles registered to persons residing in the residential area cannot be accommodated by the number of available off-street parking spaces because of widespread use of available curbside parking spaces by nonresident vehicles;
(5) The extent of noise, pollution, hazardous conditions and deterioration of the residential environment as a result of traffic congestion and insufficient parking the area;
(6) At least 70% of legal parking spaces are utilized during peak periods as determined by the parking surveys and studies, or both, prepared pursuant to subsection (a) above;
(7) At least 50%o of the current parking spaces are utilized by nonresidents for more than two hours;
(8) At least 80% of occupied frontage, at ground level, has a legal use of residential;
(9) Availability of off-street parking including but not limited to driveways, garages, and other types of parking facilities for residents;
(10) Impact on the availability of off street and on street parking for non-residents, parking meter revenues and existing options for displaced non-resident vehicles and extent of the need;
(11) Development projects;
(12) Any special circumstances that exist in that particular residential district; and
(13) Designation of the area as a residential parking permit area will result in one or more of the following expectations for the area:
a. A reduction in non-residential vehicles and the accompanying energy waste and air pollution.
b. A reduction in total vehicle miles traveled.
c. A reduction in traffic congestion and illegal parking.
d. An improvement in vehicular and pedestrian safety.
(c) The Department of Public Works Traffic Engineering Division shall verify the eligibility criteria set forth in subsections (a) and (b) of an established residential parking permit area. This verification shall occur at minimum every five years or as needed if the impact of nonresident or commuter vehicles for extended periods of time during the day or night, on weekends or during holidays is reduced. Modification or termination of a residential parking permit area shall comply with Subdivision B of this Division.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) The City shall coordinate at least one public meeting to discuss the proposed residential parking permit area prior to submitting a formal recommendation under Section 46-2-23(d).
(b) The City Clerk shall forward notice of the public meeting via first class mail no less than 10 days before the meeting to all City of Detroit residents within three hundred radial feet of the proposed residential parking permit area. The notice shall include:
(1) The time, date and location of the public meeting; and
(2) General information about the proposed residential parking permit area.
(c) The City shall post a copy of the notice forwarded by the City Clerk on the City's website, and in public areas within the proposed residential parking permit area no less than seven days in advance of any meeting.
(d) ln addition to the notice requirement contained in subsections (b) and (c), the City shall work with the Council Member or Members representing the district or districts where the proposed residential parking permit area is located and both At-large Council Members to ensure that local residents, businesses, and organizations, especially those located in the proposed residential parking permit area and those expected to be directly impacted by the proposed residential parking permit area, are informed of the public meeting.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) Within 30 days after receipt of the formal recommendation from the Department of Public Works required in Section 46-2-23(d) the City Council shall hold at least one public hearing on the proposed residential parking permit area including eligibility, boundaries, feasibility of implementation and impact on the surrounding area.
(b) The City Clerk shall post notice of the public hearing(s) on the City of Detroit website and by first-class mail to each address within the proposed residential parking permit area.
(c) In addition to the notice requirement contained in subsection (b), the City shall work with the Council Member or Members representing the district or districts where the proposed residential parking permit area is located and at both At-large Council Members to ensure that local residents, businesses, and organizations, especially those located in the proposed residential parking permit area and those expected to be directly impacted by the proposed residential parking permit area, are informed of the public hearing.
(d) Within 60 days after the completion of the public hearing or hearings on a particular residential parking permit area, the City Council shall determine, by adoption of a resolution, whether a residential district shall be designated by the City as a residential parking permit area and set forth the evidence supporting its decision including, but not limited to, results of surveys, study reports, concerns raised during the public hearing process, findings relative to the designation criteria set forth in Section 46-2-24 deemed applicable to that particular residential parking permit area, proposed boundaries, and proposed time limitations in the period of the day for its application.
(e) If City Council does not act to approve or disapprove the residential parking permit area within 60 days after the conclusion of the public hearing, the residential parking permit area shall be considered approved.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) All block faces or partial block faces of a discrete residential parking permit area shall have uniform parking regulations where parking is allowed, and the regulations shall not be removed or modified on individual interior block faces.
(b) The City may add or remove block faces or partial block faces along the boundaries of a residential parking permit area upon receipt of a petition in which more than 50% of the residences request the action. The petition shall conform to the requirements of Section 46-2-23(a).
(c) During the initial process of approving a residential parking permit area or, as related to the addition or removal of block faces, the City may combine adjacent residential parking permit areas or determine the appropriate status for any block face or partial block face abutting a park or other property which has no street address or which has no resident qualified to sign a related petition.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) Required level of participation. The participation of certified residents who represent at least 50% of dwelling units in the designated area is required to maintain a posted residential parking permit area.
(b) Failure to achieve required level of participation for implementation. After 30 days but no later than 120 days after approval by City Council of the residential parking permit area, any area that does not reach its initial required level of participation shall have the designation revoked pursuant to the procedure established in paragraph (b)(2). Upon revocation of the designation, residents of the residential parking permit area who have paid for a permit shall be entitled to a full refund.
(c) Failure to maintain required participation for continuation of a residential parking permit area. In the event that the number of residents who participate in the residential parking permit program within a designated residential parking permit area falls below a level of 50% of the occupied dwelling units, the designation may be revoked by the City after the following has occurred:
(1) The Municipal Parking Department shall notify the City Clerk in writing that the residential parking permit area has failed to maintain the minimal level of participation.
(2) The City Clerk shall mail notice to each address within the residential parking permit area. The notice shall advise residents that they have 30 days to bring the residential parking permit area into compliance with the 50% requirement or the residential parking permit area will be terminated pursuant to the procedure set forth in Section 46-2-29. Residents shall not receive a full or partial refund if the residential parking permit area is terminated.
(3) In addition to the notice requirement contained in subpart 2, the City shall work with the Council Member or Members representing the district or districts where the residential parking permit area is located and both At-large Council Members to ensure that local residents, businesses, and organizations, especially those located in the residential parking permit area are informed that the area has failed to maintain the minimal level of participation.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
After conducting at least one public hearing on the matter, the City Council shall determine, through adoption of a resolution, whether the residential parking permit area shall be maintained or dissolved based on the following:
(1) Upon receipt of a petition requesting termination of the designation of an area as a residential parking permit area that is signed by certified residents who represent at least 60% of the dwelling units in an existing residential parking permit area; or
(2) Upon written notification by the Department of Public Works requesting termination of a residential parking permit area designation that is supported by data demonstrating that either the level of participation by certified residents is insufficient, below 50% resident participation after the opportunity to cure in Section 46-2-28(c)(2) was provided, or that conditions in the area have changed substantially and the residential parking permit area is no longer warranted.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) At a minimum, the application for a resident parking permit shall provide for the following items which must all reflect an address within the residential parking permit area:
(1) Name of the resident owner or operator of the motor vehicle to be permitted;
(2) Residential address;
(3) Operator's state driver's license number;
(4) Make, model, license plate number and vehicle identification number of the motor vehicle to be permitted;
(5) Current vehicle registration; and
(6) Proof of residency demonstrated by either a current utility bill, notarized declaration of residency by the owner or manager of a rental property or a copy of the applicant's unexpired driver's license or City of Detroit municipal identification card.
(b) If last names differ between the applicant and any of the supporting documentation, a copy of the birth certificate, marriage license or other official document supporting the application shall be provided by the applicant.
(c) Applicants and holders of annual permits shall meet eligibility requirements which include the submission of a complete application, payment of applicable fee(s), reside within the residential parking permit area, have no outstanding parking citations or fines, and no current revocation actions as set forth in Section 46-2-36 of this division.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) Upon City Council's approval through adoption of a resolution or nonaction that an area shall be designated by the City as a residential parking permit area, the City Clerk shall notify the Department of Public Works and Municipal Parking Department. The Clerk shall also notify residents via first-class mail at each address in the area of the City Council's action and inform them of the City's procedure for the implementation of the residential parking permit area. The Municipal Parking Department shall send a description of the designated area to the City Clerk who shall publish the notice on the City of Detroit website and in a newspaper of general circulation in the City. The designated area shall have a unique zone number assigned by the Municipal Parking Department.
(b) Signage of the designated area shall be installed by the Department of Public Works and Municipal Parking Department within 30 days from the time that residents who represent 50% of the dwelling units in the designated area complete an application pursuant to Municipal Parking Department procedures and purchase a residential parking permit.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Following City Council approval of a residential parking permit area, the Municipal Parking Department shall issue parking permits, including but not limited to annual residential parking permits and daily visitor permits, after July 1, 2019, as follows:
(a) An annual permit shall be issued only to a motor vehicle owner or operator who resides on property that is either fronting or is located on a corner lot along a block face or has vehicular access from an included block face located within the residential parking permit area.
(b) Upon application and payment of the applicable fee, annual residential parking permits shall be issued in accordance with the following limitations:
(1) For single-family dwelling units (one residential structure containing only one housing unit):
a. Two residential parking permits may be issued for each valid street address where said dwelling unit has no off-street parking availability.
b. One residential parking permit may be issued for each valid street address where said dwelling unit does have off street parking availability.
(2) For multiple family dwelling units (including but not limited to apartments, condominiums, duplexes, attached dwellings, row houses, townhouses and cooperatives):
a. Two residential parking permits may be issued for each legally constituted and existing dwelling unit in any two-family or multiple-family dwelling facility at a valid street address where said dwelling unit has no off-street parking availability.
b. One residential parking permit may be issued for each legally constituted and existing dwelling unit in any two-family or multiple-family dwelling facility at a valid street address where said dwelling unit does have off-street parking availability.
(3) One additional residential parking permit is available to residences with an additional vehicle registered to that street address.
(c) Upon request, holders of an annual residential parking permit may obtain one daily visitor permit through their Municipal Parking Department account. A resident of a residential parking permit area who is eligible for a residential parking permit but does not apply for the permit may be issued one daily visitor permit by making application as provided in Section 46-2-30. opening a Municipal Parking Department account and omitting information which is not applicable.
(1) Daily visitor permits may be activated for individual 24-hour periods up to 30 times per year. A year is defined as the day the annual application fee was paid, until the last day of the month the application fee is set to expire.
(2) The number of times a daily visitor permit has been expended and the total available shall be displayed online and available from clerical staff for over the counter transactions. Visitor permits may only be activated for 24-hour periods using the license plate information of the visitor's vehicle.
(3) Daily visitor permits shall only be used by guests of the annual parking permit holder (or eligible resident without a vehicle under this subsection) and are not transferable.
(4) Violation of daily visitor permit regulations may result in the revocation of the daily visitor permit or the annual residential parking permit, or both.
(5) An annual permit holder or a resident of a residential parking permit area who is eligible for a residential parking permit but does not apply for the permit may receive credits for daily visitor permit credits used for a rental car by the annual permit holder when a rental car temporarily replaces the permitted vehicle or a rental car used by the eligible resident. Supporting documentation from a rental car company that matches the name and address or the annual permit holder or eligible resident shall be presented to the Municipal Parking Department. Upon confirmation by the Department, the daily visitor permit(s) shall be credited.
(6) An annual permit holder or a resident of a residential parking permit area who is eligible for a residential parking permit but does not apply for the permit may receive a temporary home health care permit designation. Supporting documentation in the form of a home health care order and license plate of the provider shall be presented to the Municipal Parking Department. Upon confirmation by the Department, the license plate of the provider shall be active for the time period specified in the home health care order.
(d) All existing parking citations must be paid in full before a residential parking permit or daily visitor permit may be issued to an applicant or the user of a visitor permit.
(e) Annual residential parking permits and daily visitor permits may be renewed or replaced in accordance with procedures established by the Municipal Parking Department.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
The resident parking permit and daily visitor permit shall be associated or linked with the license plate of the annual or daily permitted vehicle and verified by the Municipal Parking Department electronically for enforcement purposes.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) Fees shall be charged for permits under this Division, including but not limited to an annual residential permit fee, daily visitor fee, and a reduced annual residential permit fee for senior citizens and individuals that receive or qualify for a partial or complete property tax exemption pursuant to Chapter 44, Article IV, Division 8, the City's Homeowners Property Tax Assistance Program. A transfer charge shall also be set for those with permits in one residential parking permit area who move to another residential parking permit area and apply for a permit in the new area of residence. In such cases, the new permit shall expire at the same time as the former permit would have expired.
(b) In accordance with the Charter, these fees shall be established by the Director of the Municipal Parking Department based upon the cost of issuance and administration of the residential parking permit area and shall be approved by resolution of the City Council. The fees shall be posted on a schedule in the Municipal Parking Department.
(c) Upon the expiration of a current residential permit, each licensee shall pay the annual fee for a renewal of the permit.
(d) Upon payment of applicable fees, approval of the complete application by the Municipal Parking Department, and upon receipt of all other required approvals set forth in this Division, an annual permit or visitor permit shall be activated.
(e) In the event that during the unexpired term of a permit the vehicle bearing a parking permit is sold and the certified resident obtains another vehicle, the vehicle is stolen or the license plate is replaced, upon application for a permit the applicant shall present proof of sale of the vehicle bearing the permit, copy of the police report for the stolen vehicle or proof from the Michigan Secretary of State of the updated license plate, the permit shall be issued or updated by the Municipal Parking Department at no additional cost.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) Residential parking permits and the associated daily visitor permits available shall be valid for one year from the date of issuance.
(b) Residential parking permits shall be renewed pursuant to Subdivision C of this Division by completing the application process and payment of the fees.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) The Municipal Parking Department is authorized to revoke the annual residential parking permit or daily visitor permit of any person found to be in violation of this Division upon written notification thereof. Failure to cease use of a residential parking permit so revoked shall constitute a violation of law and this Chapter.
(b) Persons who have had any permit revoked under subsection (a) shall not be eligible to apply for or renew an annual residential parking permit or obtain a daily visitor permit for a period of six (6) months.
(c) Persons who have had any permit revoked under subsection (a) three or more times shall not be eligible to apply for an annual residential parking permit or obtain a daily visitor permit.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
A residential parking permit or daily visitor permit will allow but shall not guarantee or reserve to the holder thereof any on-street parking space within the designated residential parking permit area. Residing within a designated residential parking permit area does not guarantee issuance of any permit associated with the residential parking permit area. Metered parking may exist in residential parking permit areas.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) No person shall:
(1) Park in a residential parking permit area beyond the posted time allowed without a valid residential parking permit or daily visitor permit;
(2) Allow for the use of a residential parking permit on a vehicle other than that with the license plate for which the permit was issued. Such conduct shall be unlawful and a violation of this Division by both the person holding the valid permit and the person who so uses the permit improperly;
(3) Fail to cease use of a residential parking permit or daily visitor permit upon notification by the Municipal Parking Department that the permit has been revoked where it is used in violation of this Code;
(4) Knowingly present false information to the City in the course of applying for a permit; or
(5) Allow for the permanent or continued use of a daily visitor permit to subvert the eligibility thresholds or any other provisions of this Division.
(b) A person who violates any provision of this Division shall:
(1) Be subject to revocation of any parking permits;
(2) Be subject to a civil infraction;
(3) Be liable for the fine and towing charges for violation of the parking regulations of the City; and
(4) Be subject to any other remedy permitted by law.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
(a) Except as otherwise specified in this Division, the Municipal Parking Department shall administer this Division.
(b) The Municipal Parking Department shall establish procedures for the implementation of residential parking permits in an area that is approved by resolution of City Council as a residential parking permit area. Such procedures shall be promulgated in accordance with the Charter.
Amended by Ord. No. 02-19 (JCC 2/12/2019, Passed 3/12/2019, Approved 3/18/2019, Published 5/1/2019, Effective 6/30/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
The Chief of Police is hereby authorized to create vehicle pounds, where automobiles and other vehicles may be moved by sworn or civilian police personnel for any lawful reason in the manner provided by this division. Such pounds shall be located and operated at such places as may be designated by the Chief of Police and a sworn or civilian member of the Detroit Police Department, shall be in charge of each pound. The Chief of Police shall designate a sworn or civilian member of the Department to remain in attendance at each pound during reasonable hours as designated by the Chief of Police, for the purpose of receiving), safeguarding and discharging vehicles), and for collecting the fees provided by this division.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
(a) The City is responsible for maintaining clean, safe and functional streets. Residents and visitors are entitled to a safe and well-managed vehicle towing system for non-consensual vehicle tows that affords them a high level of customer service, convenience, courtesy, and professionalism.
(b) A tow company is deemed to conduct tow operations in the City if it has a place of business in the City which performs non-consensual tows, or if it hooks up vehicles for non-consensual tows within the City.
(c) The Detroit Police Department shall be responsible for enforcing the provisions of this division.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
For purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Department means the Detroit Police Department.
Hook-up means attaching a motor vehicle to another vehicle fashioned with implements that can be used to tow a vehicle to a storage lot or other location.
Non-consensual tow means the owner, or other person having lawful custody of the vehicle, has not provided affirmative consent to the tow prior to hook-up.
Tow company means any entity or individual who performs wrecker or recovery services for financial gain.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
(a) It shall be unlawful for any manager, operator, or owner of a tow company, or his or her employee, to violate any provision of this division, or to aid and abet another to violate such provision.
(b) Any person who violates this division, or aids and abets another to violate such provision, may be issued a misdemeanor violation for each day that the violation continues.
(c) Any person who is found guilty of violating any provision of this division, or aids and abets another to violate such provision, shall be convicted of a misdemeanor for each violation that is issued and, in the discretion of the court may be fined up to $500.00 and sentenced up to 90 days in jail, or both, for each misdemeanor violation that is issued.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
(a) A towing rate commission shall be created, composed of the Auditor General as Chairperson, the Director of Buildings, Safety, Engineering, and Environmental Department or designated representative, the Chief of Police or designated representative, a representative of the public appointed by the Mayor, and a representative of the towing industry appointed by City Council.
(b) Such commission shall be charged with the duty of reviewing the administrative, towing, service, and storage fees for police authorized towing at least once every two years and submitting its recommendation to City Council by October 1st of the year of review, if the towing rate
commission fails to forward such recommendation within the time provided, City Council may adopt a resolution to set the administrative, towing, service, and storage fees without such recommendation.
(c) Any tow contract initiated after 2021 shall be evaluated to determine whether an income based rate structure or tow hardship policy is feasible, such findings shall be submitted to the City Council via resolution for consideration.
Codified by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
(a) The Board of Police Commissioners shall establish standards, including insurance and bonding requirements, that must be met in order for a tower to qualify for police authorized tows under this chapter, and the Police Department shall maintain a current list of such qualified towers. A separate list may be maintained for towers who tow abandoned vehicles in accordance with Sections 252a through 252m of the Michigan Vehicle Code, being MCL 257.252a through 257.252m, which is incorporated by reference into this chapter through Section 46-3-1 of this Code. The required insurance shall indemnify and hold harmless the City for any injury, damage, or loss that may result from a police authorized tow or storage under this chapter. The City shall not be liable for any such injury, damage, or loss. In accordance
with Section 2-111 of the Charter, the Board of Police Commissioners shall promulgate administrative rules for the Body’s determination as to which towers shall be called for tows under this chapter. Such rules shall provide, as nearly as practicable, for equitable distribution of police authorized towing to all towers on the list of qualified towers.
(b) All towers qualifying as police authorized towers shall be Detroit-based towers. For the purposes of this section, the term “Detroit-based” shall indicate the physical and economic relationship to Detroit determined by the payment of: 1) City income taxes on the tower’s profits; and 2) City property taxes on the tower’s vehicle storage lot, yard, or garage.
(c) All towing services performed by police authorized towers under this chapter shall be rendered with tow trucks clearly marked with the tow company’s name, address, and telephone number. No private tow truck shall bear words which may be reasonably construed as indicating or suggesting that it is a City vehicle, Police Department vehicle, other police agency vehicle, or police authorized tow vehicle.
(d) For the avoidance of doubt, nothing in this Section or in this Code shall be deemed to authorize the Board of Police Commissioners to conduct or supervise the procurement of police authorized towers. Consistent with standard City practice, police authorized towers shall be engaged via contracts, not permits. The procurement process shall be conducted and supervised by the Office of Contract Procurement. Contracts by which police authorized towers are engaged shall be approved by Chief Procurement Officer, the Corporation Counsel and the City Council.
Codified by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
(a) No person performing police authorized towing or storage service on such wrecked or disabled vehicle shall charge fees in excess of the rates set by resolution of City Council. Such towing fee may consist of a flat rate hook-up fee plus an additional charge for each mile a vehicle is towed beyond one mile. Storage fees may be set on a per diem basis. The City Council may establish, by resolution, maximum fees for dolly tows, standard rates for police authorized towing to the City auto pound in lieu of the normal rates, excess time spent at the scene of a tow, separate fees for accident and nonaccident tows to the curb or nearest side street, “dry runs” when the tower appears at the request of the Police Department, but does not perform an otherwise compensable towing task through no fault of the tower, and other necessary services.
(b) An administrative fee, as determined by City Council, shall be charged to the owner of each vehicle towed by a police authorized tower and shall be paid to the City when the vehicle is either redeemed or sold for a price that exceeds the towing and storage fees owed.
(c) In accordance with Section 9-507 of the Charter and based on the reasonable cost of towing and storing a vehicle, such towing and storage fees shall be established by the City Council through adoption of a resolution,
(d) After adoption of a resolution by the City Council and approval of the resolution by the Mayor, the fees that are provided for in Subsection (a) of this section shall be: (1) Published in a daily newspaper of general circulation and in the Journal of the City Council; (2) Made available at the Police Department and at the Office of the City Clerk; and (3) Reviewed by the City Council at least once every two years for adjustment, if any, of the fees established under this section.
(e) Towing and storage fees that are authorized by City Council resolution shall become effective at the beginning of the next fiscal year or as close to the next fiscal year as the City Council finds practicable.
Codified by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
The towing rates resolution may provide that, when a vehicle is transported by a tower or towers summoned by the police, only one hook-up fee may be charged, notwithstanding that the vehicle may have been successively transported by the tower from the traveled portion of a street, highway, or freeway to a position at or on the curb or onto the nearest side street, and then to a destination requested by the owner or permitted by the police officer in charge.
Codified by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
(a) No person shall perform any police authorized towing of any wrecked or disabled vehicle or any vehicle ordered impounded by a member of the Department without first having obtained written permission on forms approved by the Department, from the driver or owner of the vehicle or until the Detroit police officer investigating the wrecked or disabled vehicle, or vehicle subject to removal, shall have completed such officers investigation, and has given written permission for the towing service. A copy of the completed permission form shall be given to the authorizing person. Any person performing police authorized towing shall maintain a record of completed permission forms of all such towing for a period of six months. Completed forms must show total fees charged for services rendered.
(b) The tower shall provide the vehicle owner or driver with a copy of the towing rate schedule approved by City Council.
(c) In accordance with Section 252d(2) of the Michigan Vehicle Code, being MCL 257.252d (2), if the owner or other person who is legally entitled to the possession of a vehicle to be towed or removed arrives at the location where the vehicle is located, before the actual towing or removal of the vehicle, the vehicle shall be disconnected from the tow truck, and the owner or other person who is legally entitled to possess the vehicle may take possession of the vehicle and remove it without interference upon the payment of a service fee, for which a receipt shall be provided.
Codified by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
(a) During a police authorized tow, as defined in Section 46-1-5 of this Code, the tower shall remove the vehicle from the traveled portion of the street, highway, or freeway:
(1) To a position at or on the curb or onto the nearest side street in order to remove the vehicle for the safety, health,
and welfare of the persons using the traveled portion of the City’s streets, highways, or freeways; or
(2) To a destination requested by the owner or driver; or
(3) To the City auto pound or precinct station at the direction of the police officer in charge in accordance with Article II, Division 4, of this chapter, or police impoundment pursuant to Section 252d of the Michigan Vehicle Code, being MCL 257.252d, which is incorporated by reference into this chapter through Section 46-3-1 of this Code; or
(4) To the private storage lot, yard or garage of the police authorized tower at the direction of the police officer in charge in the case of a wrecked or disabled vehicle, or any vehicle for the safekeeping pursuant to MCL 257.252d, provided, that the private storage lot, yard, or garage shall be located within the boundaries of the City and, provided further, that the driver or other person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal or determine where the vehicle should be taken or is not otherwise immediately available to make such a decision. The towing and storage rates for such tow shall not exceed the rate established by resolution of the City Council after notice and hearing.
(b) A police authorized tow:
(1) Shall include the removal of all debris from the street, highway, or freeway; and
(2) Shall be made by the shortest and best legal route.
(c) In the case of a vehicle to be towed to a tower’s private storage lot, yard, or garage under Subsection (a)(4) of this section, the tower shall prepare and sign an inventory of the contents and equipment of the vehicle on a multi-copy form approved by the Police Department. The police officer in charge shall sign the completed form as witness to the inventory and the Police Department shall retain the signed original. The form shall indicate the location where the vehicle owner may reclaim the vehicle. The tower shall retain one copy of the signed form and mail one copy to the vehicle owner or driver within 48 hours of the date the tow is performed.
Codified by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
(a) Responsibility for payment of tow fee:
(1) In the case of a vehicle towed to an owner- or a driver-requested destination or to a tower’s private storage lot, yard, or garage under Section 46-2-96(a)(2) or (4) of this Code, the tower shall pursue payment for services rendered from the owner or driver of the vehicle and the City shall assume no responsibility for payment or collection of the tow bill.
(2) The Police Department shall make arrangements to pay a police authorized tower for each tow of a vehicle to the City auto pound or precinct station under Section 462-96(a)(3) of this Code, for tows of illegally parked vehicles and for services for which payment by the vehicle owner is exempted by this Code. The Board of Police Commissioners may specify, with City Council approval and subject to Subsection (a) of this section, other circumstances under which the Police Department may arrange to pay the tow bill. Payment of a tow bill by the Police Department shall not relieve the vehicle owner of the owner’s responsibility for payment and the owner shall reimburse the City for the amount of such bill except as a payment by the owner is exempted under Section 46-2-69 of this Code. In accordance with Section 2-111 of the Charter, the Board of Police Commissioners shall establish a procedure by which this subsection shall be implemented and administered.
(b) Methods of payment accepted; receipt required.
(1) Tow companies shall accept cash, cashier’s checks, debit cards and at least three major credit cards such as Visa, Mastercard, Discover, or American Express.
(2) Tow companies shall provide an itemized receipt to the customer for each transaction.
Codified by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
Upon the presentation of proof of ownership and payment of permissible charges for towing, storage, and the administrative fee, no person shall refuse to release promptly and willingly any vehicle which is claimed by any owner or any owner’s representative.
Codified by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
Codified by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
(a) The following provisions apply to private property impounds accomplished by non-consensual tows:
(1) Tow companies shall not tow any vehicle from private property except by request of the property owner or other individual authorized to request such tow.
(2) Tow companies must notify the Department and obtain Department approval, prior to the hook-up of a vehicle in conjunction with any private property impound.
(3) Tow companies shall maintain a written log of approvals required under Subsection (a)(1) of this section, and shall further maintain copies of documents, and photographs as follows:
a. The date and time of the approval;
b. The make and model and vehicle identification number of the vehicle, if ascertainable;
c. The condition of the vehicle and any existing damage;
d. The location from which the vehicle is being towed;
e. Name, address, and telephone number of the owner or authorized agent of the private property who has authorized the tow of the vehicle from the private property;
f. The name of the tow company employee reporting the impound;
g. The name and badge number of the Department employee who approved the tow; and
h. Photographs of the entire exterior of the vehicle taken immediately prior to hook-up.
(4) Both the vehicle, and documentary evidence required under Subsection (a)(3) of this section, must be brought to an authorized Department location within two hours of hook-up, and prior to moving the vehicle to a storage facility.
(5) Copies of any documentation or photographs required under Subsection (a)(3) of this section shall be made available to the vehicle owner upon request.
(b) If the owner or other person who is legally entitled to the possession of a vehicle to be towed or removed arrives at the location where the vehicle is located, before the actual towing or removal of the vehicle, the vehicle shall be disconnected from the tow truck, and the owner or other person who is legally entitled to possess the vehicle may take possession of the vehicle and remove it without interference upon the payment of a reasonable service fee, for which a receipt shall be provided.
Codified by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
(a) For the purpose of ensuring compliance with this division the owner operator, or person in charge of the tow company’s storage lot shall permit any employee, agent sworn or civilian member of the Department as authorized by this Code, to inspect any portion of the premises during regular business hours, subject to constitutional restrictions on unreasonable searches and seizures.
(b) All hard copy records pertaining to the towing, storage, redemption, scrap, salvage, or sale of a vehicle shall be retained for not less than six months unless a longer retention period is required by law.
(c) Data on each vehicle shall be stored electronically and is subject to inspection and audit by the Department, subject to constitutional restrictions on unreasonable searches and seizures.
(d) Each storage facility shall contain a digital camera recording system with DVR backup that shall:
(1) Be focused on the customer service areas, and ingress and egress points of the storage lot;
(2) Retain footage for no less than 21 days; and
(3) Be open to inspection subject to constitutional restrictions on unreasonable searches and seizures.
(e) The tow company shall be responsible for securing the facility, including all vehicles located therein, for the safety of all towed vehicles.
(f) Towers shall post signage which must be conspicuously displayed and easily visible at each storage lot, yard, or garage which expressly states the following for non consensual tows:
(1) The schedule of all towing fees, storage fees, and additional charges;
(2) The procedure for contesting towing and storage charges at the district court;
(3) The procedures for filing a claim for damages incurred to the vehicle or contents thereof as a result of the tow or while in storage;
(4) The list of documents required by the tow company in order for an owner to retrieve a towed vehicle; and
(5) A statement that the registered owner shall not be charged for the initial viewing of a recovered vehicle to retrieve title, registration, insurance documents, or personal property from the owner’s vehicle.
(g) The Department may, at the department’s discretion, seek an administrative warrant for entry on the property, and the reviewing Magistrate or Judge shall issue the warrant if the request comports with applicable law and procedure.
Codified by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
Except as provided in Section 46-2-111 of this Code, towers shall not engage in non-consensual tows of abandoned, stolen, or suspected stolen vehicles without having a law enforcement official inspect the vehicle at the scene and having run the vehicle in the LEIN system prior to hook-up.
Codified by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
(a) An administrative fee shall be charged to and paid by the owner of each vehicle towed by a private tow company in a non-consensual tow, other than a Department authorized tower, from a location inside the City.
(b) The Detroit Police Department shall establish the administrative fee for non-consensual tows in accordance with Section 9-507 of the Charter, subject to approval by the City Council through adoption of a resolution.
(c) After adoption of a resolution by the City Council and approval of the resolution by the Mayor, the fees that are provided for in Subsection (a) of this section shall be:
(1) Published in a daily newspaper of general circulation and in the Journal of the City Council;
(2) Made available at the Department and at the Office of the City Clerk; and
(3) Reviewed by the Chief at least once every two years.
Codified by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
(a) Tow companies shall accept cash, cashier’s checks, debit cards and at least three major credit cards such as Visa, Mastercard, Discover, or American Express.
(b) Tow companies shall provide an itemized receipt to the customer for each transaction.
Codified by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).
Codified by Ord. No. 2021-34 (JCC 9/14/2021, Passed 10/12/2021, Approved 10/13/2021, Published 11/17/2021, Effective 10/18/2021).