Tow services shall be added to the police rotation list subject to the following conditions:
(A) Compliance with rate schedule. In addition to an administrative tow fee payable to the City of Greenville and contained in the city’s Manual of Fees, tow services shall charge for their services only those fees or costs as are established herein:
(1) The maximum rate for the towing and storage for a vehicle is as follows:
(a) Collision tows:
1. For day, night, weekend and holiday towing a vehicle with a gross weight up to and including 9,000 pounds, the maximum charge is $280, including Winching -$110; overturned vehicle - $125; and mileage outside the city limits $3.85 per mile.
2. Rates for vehicles in excess of 9,001 pounds shall be at the tow service established rates which have been filed with the Chief of Police or designee.
(b) Non-collision tows:
1. For day, night, weekend and holiday towing a vehicle with a gross weight up to and including 9,000 pounds, the maximum charge is $185.
2. Rates for vehicles in excess of 9,001 pounds shall be at the tow service established rates which have been filed with the Chief of Police or designee.
(2) The maximum rate for storage until the owner, operator or other person authorized to take possession of the towed vehicle is as follows:
(a) Less than 24 hours: no charge; and
(b) More than 24 hours: $40 per day or any portion of a day thereafter specifically excluding the first 24 hours.
(3) The maximum rates established in subsection (A) of this section shall be a flat fee which shall be inclusive of all towing charges. A towing charge includes any fees for:
(a) Special equipment such as but not limited to a double hook-up, vehicle entry when locked, dropping transmission linkage, axle or drive shaft removal, skates, trailer or flatbed, lift, slimjims, go jacks, removing bumpers, airing up brakes, and mileage;
(b) Time spent on the scene of the tow, including clean up and sweeping if an accident is involved;
(c) Gate fees, and fees for returning to the location where the vehicle is stored in order to release; and
(d) No fee, other than the above enumerated fees for towing and storage or other fees authorized by this chapter shall be assessed as a condition for release of a vehicle to the vehicle owner or authorized driver.
(4) Dollies. A maximum fee of $85 may be charged.
(5) Wait time. If the tow operator is required to wait in excess of one-half hour before the operator can initiate tow operations, a wait fee may be charged at the rate of $65 per one-half hour after the first one-half hour, which may not be charged, on scene before tow operations are initiated. Wait time does not include travel to and from the location of the tow. No wait fee may be charged unless on-scene law enforcement verify the wait by initials and badge number.
(6) An additional $50 will be charged for release of a vehicle by a tow operator to the owner, operator or other authorized person after 5:00 p.m. and before 8:00 a.m. as defined by day towing operations in this chapter. Collecting and removal of personal property of the owner, operator or authorized person other than during day towing operations as defined in this chapter will incur a charge of $50, if the collection and removal occurs at a separate time than release of the vehicle.
(7) Rates in this section shall be regularly reviewed for periodic adjustments and increases based on the North Carolina State Highway Patrol’
(B) Interception of police calls. No tow service shall arrive at the scene of a police investigation as a result of monitored or intercepted police calls by radio, or other device, for the purposes of soliciting towing or repair services.
(C) Required records. Any tow service operating under this chapter must have the following records of any motor vehicle towed: the make and model of the motor vehicle; the license number of the motor vehicle; and the date of the towing service. These records shall be maintained for a period of two years from the date of towing by the tow service and shall be made available for inspection and review at any time by the Chief of Police or designee.
(D) Storage of towed vehicles. All vehicles towed as a result of a police initiated request shall be stored as follows:
(1) The tow service will provide and use a storage area for towed vehicles that is enclosed by a chain link fence or equivalently secure fence or enclosure which shall be illuminated at night and shall have sufficient storage space and facilities to protect from the elements such vehicles as would be damaged by exposure and a sufficient amount of additional storage space to store other vehicles, all within an enclosure having a wall or a solid fence of sufficient height or design to conceal the towed vehicles from view from any street or public way, and illuminated at night.
(2) Any tow operator who stores towed vehicles at either the normal place of business or at an off-site storage facility shall provide for the following in addition to all other requirements of this chapter:
(a) The stored vehicle must be capable of being released from the storage facility 24 hours per day, seven days per week.
(b) Payment for the towing, storage and administrative fees must be capable of being made at the off-site storage facility so as to avoid the vehicle owner having to respond to two separate locations to secure the release of his or her vehicle.
(c) If the vehicle owner responds to the tow operator’s normal place of business to secure release of his or her vehicle, the tow operator shall provide transportation of the vehicle owner to the off-site storage facility in a timely manner.
(3) Any violation of this chapter committed by the personnel of the storage facility at the normal place of business or at the off-site storage facility shall be attributed to the tow operator for purposes of suspension or revocation from the tow operators rotation list.
(4) No off-site storage facility shall be utilized under this section until proof has been deposited with the Chief of Police or designee that the facility is insured in accordance with the requirements as set forth in section 11-7-6.
(E) Availability. The tow service shall post a phone number at the place of business setting forth the manner in which to redeem any towed vehicle. The phone numbers shall be printed not less than three inches high and posted in a place clearly visible outside the business. The sign shall explain in what manner a stored vehicle can be redeemed. The tow service shall have an employee available by telephone to redeem stored vehicles at all times when the tow service is not open for business. Each tow service may list the telephone number of the police dispatcher.
(F) Damage. The person operating any such tow service shall make every reasonable effort to minimize damage to towed and stored motor vehicles. Where applicable, such reasonable effort shall include but is not limited to the use of a dolly or carriage for towing, the disconnection of the drive shaft, release of brakes, towing at a reasonable speed, and the securing of the motor vehicle from damage by the elements.
(G) Securing stored vehicles. No towed vehicle may be dismantled, have parts removed, or tires deflated, except as necessary for towing the motor vehicle or securing it from damage by the elements.
(H) Itemized statement. The tow service bill for towing and storage of any motor vehicle shall be itemized to reflect services performed, labor or other materials required, and any storage or other charges as follows:
(1) Bills/receipts numbered consecutively;
(2) The name, address, and phone number of the wrecker/tow service;
(3) The itemized services performed. This itemization should include a total for all charges;
(4) The administrative tow fee and any applicable state taxes. These should be itemized as well;
(5) The date, time and location of the tow; and
(6) The on-scene officer must sign and record the officer’s badge number on the towing ticket of the tow operator which clearly states the services provided and the charge for the service provided by the tow operator. No additional charges or fees may be made by the tow operator once signed by the officer, except that fees for storage and after hours release where applicable and appropriate may be charged.
(I) Release authorization receipt. No towed vehicle may be released by the tow service until the owner or operator presents the tow service with a release authorization receipt from the Police Department.
(J) Posting bond or paying fees. Any person who has had his or her car towed may take possession of it by posting a bond or paying the fees due. The fees will include an administrative fee for towing which will be paid to the Greenville Police Department. The amount of this administrative fee shall be set out in the Manual of Fees for the City of Greenville.
(K) Cleanup. In the event of a motor vehicle accident, the tow service operator shall remove the wreck debris from the road and/or right-of-way and properly dispose of it.
(L) Administrative tow fee. An administrative tow fee in the amount of $30 payable to the City of Greenville will be charged on all collision and non-collision tows.
(M) Payment of fees and invoices; late fees. The tow service owner or operator is responsible for the collection of all fees and costs including the administrative fee. The tow service owner or operator shall remit to the City of Greenville the administrative fee and a copy of the itemized statement. Failure to remit may subject the tow service operator or owner to suspension or revocation of tow service permit. Administrative fees not remitted to the city within 30 days of collection by the tow service owner or operator shall be subject to the assessment of interest at the legal rate and payment of a penalty to the city in the amount of $10 per fee to be remitted for each ten working days after the collection and when remittance was due by the tow service owner or operator.
(Ord. No. 07-16, passed 2-8-2007; Ord. No. 22-058, § 1, passed 6-27-2022)