(1) Fees for services provided by tow companies pursuant to this article shall be set by resolution of the board of Canyon County commissioners upon the recommendation of the sheriff. Applications by tow companies to be placed on the law enforcement towing rotation shall be considered knowledge and consent by the applicant to abide by the provisions of this article. Failure to adhere to the established fee rates is cause for immediate removal from the law enforcement tow rotation list.
(2) The established fees apply to law enforcement towing only. The fees shall set from the maximum amount a tow company is permitted to charge for different categories of vehicles for mileage rates, hourly rates, and vehicle storage, as described below. Tow companies shall not charge any additional fees or costs in addition to the established categories, unless approved by the inspection officer/tow coordinator on a case-by-case basis pursuant to the process established in this article. Tow companies may charge less than the established fees.
A. Mileage Rate. Mileage rates can only be charged for loaded miles, which is the mileage from point of hook up to a tow vehicle to the tow company's place of business, or vehicle drop off point, via reasonable and customaiy routes.
B. Hourly Rate. The hourly rate is the maximum allowable rate charged if all services, processes, and labor are provided. Charges for all services, processes, and labor associated with a vehicle tow, other than mileage and vehicle charges, shall be part of the hourly rate. This includes, but is not limited to, fees and charges for callout/hook-up, winching, labor to perform preparation of tow, cleanup of debris and fluid, drive-line removal, recovery, use of dollies, snatch blocks and skates. Not every vehicle tow will require every available process or service, therefore it is anticipated that routine vehicle tows will not incur maximum hourly rates.
Tow companies shall only charge one hourly rate fee regardless of the number of representatives responding to the call; hourly rate charges for multiple representatives must be approved as a fee adjustment. Tow companies may implement the equivalent of one full hour at the hourly rate as a minimum hourly rate charge. After the first hour of a tow service, the hourly rate shall be applied on a thirty (30) minute prorated basis as follows:
5-30 minutes | 50% of the hourly rate |
31-60 minutes | 100% of the hourly rate |
C. Vehicle Storage Rate. The vehicle storage rate is the maximum rate a tow company may charge for storage of any towed vehicle. Storage fees may be assessed for each eligible calendar day a vehicle is stored. Vehicles stored for a period of twenty-four (24) hours or less shall not be charged for storage. Vehicle storage shall not be charged if, for any reason, the tow company is not open during normal office hours for vehicle retrieval, unless the vehicle has been in storage with available retrieval for more than seven (7) days.
(3) There shall be no charge for the release of personal property from towed vehicles during normal business hours, except as allowed by Idaho Code section 49-1814. The maximum charge for releasing personal property or vehicles after regular business hours is the equivalent of one full hour at the hourly rate.
(4) Tow Company Fee Adjustments. All fees charged by tow companies are subject to review by the inspection officer/tow coordinator. A tow company may have occasional need to apply charges or fees that exceed the established fees, and vehicle owners may have reason to contest fees charged to tow their vehicles. The inspection officer/tow coordinator shall have the authority to approve any additional/excess charges, deny any additional or excess charges, or adjust the towing fee to reflect the proper amount to be charged for the tow service based on the specific circumstances. Reasonable tow fee adjustments, as determined by the inspection officer/tow coordinator, will not be denied. The rationale supporting the fee adjustment decision will be provided in writing upon request. The sheriff will establish a fee adjustment process for tow companies and vehicle owners.
(5) Tow companies shall be entitled to request a closed hearing with the inspection officer/tow coordinator to review any fee adjustment decision. The closed hearing request must be submitted in writing within three (3) business days of notice of the inspection officer/tow coordinator's decision. Appeal of the decision to adjust fees is governed by subsection 03-19-23(6) of this article.
(6) A tow company on the law enforcement tow rotation shall not increase its law enforcement rates or fees during the rotation year, except as provided in this section. Tow companies agree to provide prompt refund of any paid fees that are determined to be excessive by the inspection officer/tow coordinator.
(7) Rates and fees may be reviewed and changed by the board of Canyon County commissioners at its discretion and upon consultation with the sheriff. Any proposed changes to rates and fees must be submitted in writing to the Canyon County sheriff by the last day of the inspection period. Approved changes are effective on the first day of the new rotation date. A request for rate and fee changes may be made during the rotation year where the party seeking the modification articulates in writing a substantial change in costs justifying the requested revision. (Ord. 15-003, 2-27-2015; amd. Ord. 2024-002, 6-27-2024)