(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).