(1) Only the registered owner, the lessee, the vehicle's insurer, or a person authorized in writing by one (1) of the above persons, or a person who has purchased the vehicle from the registered owner who produces proof of ownership or written authorization and signs a receipt therefore, may redeem a privately impounded vehicle.
(a) A private impound tow truck service may request and retain a photocopy of the drivers license of the redeeming party.
(b) A private impound tow truck service may retain any written notice from an impounded vehicle's registered owner, lessee, or insurer providing permission for a third party to redeem the impounded vehicle. A photocopy of the written notice shall be provided to the person redeeming the vehicle.
(c) A private impound tow truck service shall not require photocopies of the impounded vehicle's title, registration, proof of sale or insurance card, to be retained by the private impound tow truck service, prior to release of the impounded vehicle.
(d) A private impound tow truck service shall not photocopy or retain a photocopy of any credit or debit card used to redeem an impounded vehicle; nor shall the tow operator require a social security number for the release of a vehicle.
(2) For each and every tow, a receipt bearing the identifying tow number must be given to each person who redeems a vehicle which has been towed by the private impound tow truck service upon release of the vehicle. The information on the receipt must be clearly legible and include the date and place of the tow, the license plate number and the state of issuance, the make, model and color of the vehicle, the private impound tow truck service operator's employee number or name, and the name of the private impound tow truck service said operator works for. The receipt must also list the amount of money paid for the release of the vehicle. Any receipt provided to the redeemer of the vehicle must be itemized so that the individual fees are clearly discernible. All receipts shall include a statement of the right to make a written complaint to the Division of Police Traffic Section, at 150 E. Main Street, Lexington, KY 40507. A copy of the receipt must be retained by the private impound tow truck service for a period of two (2) years and shall be made available for inspection upon written request to the division of police, commissioner of public safety, a law enforcement agency, the attorney general, a city attorney, county attorney, or the prosecuting attorney having jurisdiction in the location of any of the towing company's business locations, the disabled motor vehicle's owner or lienholder, an agent of the disabled motor vehicle's owner or lienholder and any individual involved in the underlying collision, his or her respective insurance companies, or his or her legal representatives, if the disabled motor vehicle was involved in a collision.
(3) A private impound tow truck service shall file a private impoundment fee schedule with the department. Fees charged for private impoundment may not exceed those filed with the department. At least ten (10) days before the effective date of any change in a tow truck service's fee schedule, the registered service shall file the revised fee schedule with the department.
(4) Prior to attaching a motor vehicle to the tow truck, the towing company shall furnish the vehicle's owner or operator, if the owner or operator is present at the scene of the disabled vehicle and upon the owner's or operator's request, a rate sheet listing all rates for towing services, including but not limited to, all rates for towing and associated fees, cleanup, labor, storage, and any other services provided by the towing company. Any towing company or storage facility shall post a rate sheet at its place of business and shall make the rate sheet available upon a customer's request. Any charge in excess of the rate sheets provided under this subsection shall be deemed excessive.
(5) No fee shall be charged by a private impound tow truck service for the storage of a vehicle for the first twenty-four (24) hours from the time the vehicle arrived at the secure storage area. If the vehicle has not been redeemed by the end of that initial twenty-four-hour period, any fee charged by a private impound tow truck service for storage will then begin to accrue but must be calculated on a twenty-four-hour basis and must be charged to the nearest half day from the time the vehicle arrived at the secure storage area.
(6) The vehicle shall be released upon the presentation by a person authorized to redeem the vehicle pursuant to subsection (1) to any person having custody of the vehicle of commercially reasonable tender sufficient to cover the costs of drop fees, towing, storage, or other services requested by the vehicle owner or custodian during the course of towing, removing, impounding, or storing any such vehicle. Commercially reasonable tender shall include, without limitation, cash or major bank credit cards.
(7) In instances where major bank credit cards are used as tender for payment upon redemption of a vehicle, it shall be lawful for the tow operator to collect an additional five-dollar ($5.00) fee in order to cover service charges for processing by the major credit card issuing bank. This cost shall be specifically itemized on the customer receipt.
(Ord. No. 84-93, § 1, 5-6-93; Ord. No. 205-97, § 6, 10-16-97; Ord. No. 194-2003, § 2, 7-10-03; Ord. No. 209-2003, § 2, 8-28-03; Ord. No. 10-2013, § 5, 1-31-13; Ord. No. 139-2021 , §§ 3, 4, 12-7-21)