A. Within thirty (30) minutes after relocating any unauthorized vehicle, the tow company shall notify the Highwood Police Department through its dispatching agency to report the make, model, state license plate number, vehicle identification number, where it was relocated from, and the location to which the vehicle is relocated.
B. Prior to relocating any unauthorized vehicle, the relocator or operator shall first obtain written consent from the owner of the private property or such owner's authorized agent to relocate the specific vehicle in question, unless the relocator has an agreement with the owner or agent to relocate all unauthorized vehicles from such owner's private property. Each year, each relocator shall provide the Highwood police department with a list of all locations where the relocator has an active contract or other agreement in place with an owner to remove unauthorized vehicles from such owner's private property. This list shall clearly indicate whether the contract or agreement authorizes the relocator or operator to patrol or remove vehicles from the owner's private property only upon request by the owner.
C. When any owner enters into an agreement with a relocator to relocate unauthorized vehicles from such owner's private parking area, the relocator shall post a notice of this arrangement prominently at all entrances and exits to the parking area(s), in clear view, and free from interference from any natural or manmade objects, and positioned with the bottom of the sign not less than four feet (4’), and not more than seven feet (7’), above ground level. The lettering on these signs shall be in prominent type at least three inches high and in a color that contrasts with the background color of the sign. The sign, which shall also be legible at night, shall contain the following information:
1. A general statement indicating who is allowed to park in the area. The statement may use classes of persons as well as individuals;
2. A warning that unauthorized vehicles will be relocated;
3. The name, address and telephone number of the relocator, and of the location to which the vehicle will be relocated, if different;
4. The fee charged by the relocator to recover the unauthorized vehicle and forms of payment accepted. Relocators must accept any of the following methods of payment for lawful fees and charges: United States currency, commonly recognized traveler's checks, money orders, cashier's checks, certified checks, and commonly accepted credit cards and debit cards.
D. Tow trucks and their operators are prohibited from blocking in a vehicle and demanding payment without properly securing or hooking a car up for relocation. Only valid tows may be charged for. Preventing vehicles from leaving the property will be considered a violation. Vehicles that are secured for relocation must be transported to the operators' lot for release. The transport must be conducted in a manner which utilizes properly prescribed industry equipment for securing of relocated vehicles. Scooping the vehicle, or just placing it on a flatbed and not properly securing it to the tow vehicle violates this subsection.
E. No unauthorized vehicle may be towed by any relocator or operator from private property if the vehicle to be relocated contains one or more passengers.
F. Pre-tow photographs and on-board cameras.
1. Prior to relocating any unauthorized vehicle, the relocator or operator shall take at least one photograph of the unauthorized vehicle which clearly shows:
a. The date and time the photograph was taken;
b. The entire vehicle and its location on the date and time the photograph was taken; and
c. The vehicle's license plate.
The relocator shall maintain the photographs, in electronic or print format, for a period of two years from the date on which it was taken. The relocator shall provide the photographs, without charge, to the owner of the relocated vehicle, upon request.
2. The relocator shall install on-board cameras on all vehicles used by the relocator to relocate unauthorized vehicles. These cameras shall clearly document:
a. Views of the unauthorized vehicle from the front and rear of the relocator's vehicle;
b. Audio from inside the relocator's vehicle; and
c. The date and time the video and audio are captured.
The relocator shall:
a. Maintain the video records, in electronic format, for a period of one year from the date on which it was captured;
b. Upon request by the relocated vehicle's owner, provide an electronic copy of the video records, without charge, to such owner; and
c. Upon request, make such video records available for inspection by the Chief of Police or his/her designee.
G. No relocator shall relocate any vehicle from private property nor shall any person accept in storage an unauthorized vehicle towed unless at the time of the relocation the relocator had liability insurance in effect in the name of such relocator.
H. Penalty: Any person or any officer of any corporation, or any partner of any partnership:
1. Relocating or authorizing a relocation of an unauthorized vehicle, or booting a vehicle or authorizing the booting of a vehicle in violation of any provision of this Title, shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for the first offense and not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for the second and each subsequent offense.
2. The Police Chief is hereby authorized to promulgate rules to enforce this chapter. (Ord. 21-O-25, 10-19-2021)