(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).