§ 73.04  TRESPASS TOWING PRACTICES.
   (A)   An occupied vehicle may not be towed or attached to a towing vehicle.
   (B)   A towing company may not attempt to impede or block an occupied vehicle from being removed from a parking lot by its owner or operator.
   (C)   A towing company must accept at least two nationally-recognized credit cards (such as MasterCard or Visa) and any debit card in payment for any fees charged in connection with a trespass tow.
   (D)   Whenever a towing company is attempting a trespass tow but the vehicle has not yet been removed from the parking lot, and the owner or operator of the vehicle appears and states a desire that the vehicle not be towed, the towing company shall release the vehicle to the owner or operator upon the payment of its noticed fees and charges.
   (E)   A towing service engaged in a trespass tow shall, upon request of the owner or operator of the motor vehicle, permit the owner or operator access to the trespass vehicle for the purpose of retrieving personal property from the vehicle. If personal items are removed from the motor vehicle by the towing service, then upon request those items will be returned to the owner or operator.
   (F)   A towing company that engages in a trespass tow shall, prior to or immediately upon removing the vehicle from the private parking lot, report to the Boone Police Department by telephone to its non-emergency number the fact that a vehicle is to be towed and shall provide a description of the vehicle including make, color, and license tag number, the parking lot from which it is to be towed, and the place it is to be stored.
   (G)   For six hours immediately following a trespass tow and during the next business day, the towing company must respond within one-half hour to a telephone call from the vehicle's owner or operator to the contact number provided by the towing company. During its response call, upon the request of the operator or owner of the towed vehicle, the towing company must make arrangements for the release of the vehicle upon the full payment of fees.
      (1)   The towing company must arrange for and allow the full payment of fees within one-half hour of responding to a call from the owner or operator of the vehicle. If the towing company is located more than ten miles from the location from which the vehicle was towed, and the owner or operator has requested the opportunity and indicated a willingness to pay the fees, but states an inability to obtain transportation to the location of the vehicle, the company must travel to the location of the operator or owner of the towed vehicle to allow the full payment of fees to be made.  The towing company may charge an additional fee for this service.
      (2)   The towing company must arrange for the release of the towed vehicle within one hour of payment. If the vehicle is more than ten miles from the location from which it was towed, the company must return the vehicle to the public street nearest the location from which the vehicle was towed within one hour of payment.  The towing company may charge an additional fee for this service.
   (H)   No storage fee may be charged for days when the towing company is not open during the full normal business hours of at least 9:00 a.m. to 4:00 p.m. for the recovery of a trespass towed vehicle.  A towing company that is not open for the recovery of a towed vehicle 24 hours a day shall not charge a storage fee for the storage of the towed vehicle until at least one full business day (no less than 24 hours) has elapsed from the time the towing company is next open for the recovery of a towed vehicle after the towing.
(Ord. passed 12-15-2016)