(A) Any private tow operator that removes a motor vehicle as authorized by this ordinance shall insure that the storage yard to which the motor vehicle is towed has either:
(1) An attendant who is on site 24 hours per day, seven days per week, to return motor vehicles to the owner, operator, driver, lienholder or authorized designee thereof, upon the payment of towing and storage charges, or
(2) A conspicuously located and well lighted sign at the storage yard that is clearly visible and readable from the entrance of the storage yard, which gives the telephone number where the owner, manager, or attendant of the storage yard may be reached at any time 24 hours per day, seven days per week, so that a towed motor vehicle may be reclaimed in a minimum amount of time, not to exceed two hours.
(B) Any private tow operator that removes a vehicle as authorized by this subchapter shall insure that the storage yard to which the motor vehicle is towed shall release a towed vehicle to the owner, operator, driver, lienholder, or authorized designee thereof, upon the presentation of commercially reasonable tender sufficient to cover the costs of towing and storage authorized by this subchapter. Commercially reasonable tender shall include, without limitation, cash, and credit cards, debit cards, money orders, checks from an insurer or its agent, and checks drawn by banks or other financial institutions.
(C) A private tow operator may not charge fees permitted for storage under § 115.453 if the storage yard is not able to timely release a motor vehicle as provided under this section.
(D) The owner or operator of a storage yard to which the motor vehicle has been towed or removed shall not, upon request by any owner or custodian of a currently licensed vehicle, deny or prevent access to said vehicle for the purpose of removing personal items authorized to be recovered under state law, whether or not the owner or custodian is then able to reclaim the vehicle.
(Lou. Metro Ord. No. 169-2021, approved 11-16-2021)