(A) Unless responding to an owner’s request, a person commits an offense if the person owns or operates a tow truck that performs a non-consent tow within the city without a city permit.
(B) Unless responding to an owner’s request, a person commits an offense if the person owns or operates a tow truck which performs a non-consent tow at the scene of an accident or a custodial arrest on a public street or right of way without a city permit.
(C) It shall be an affirmative defense to prosecution under any provision of this section that the tow truck is owned by the motor vehicle owner of the vehicle being towed, carried, or otherwise transported by the tow truck.
(D) It shall also be an affirmative defense to prosecution under any provision of this section that regulates tow trucks that the motor vehicle being towed, carried or otherwise transported by the tow truck was originally picked up or loaded onto the tow truck at a specific location within the city.
(E) Additionally, it shall be an affirmative defense to prosecution under this section that the motor vehicle was being towed by the tow truck pursuant to a request by the lien holder of the motor vehicle; that the towing was incidental to a lawful repossession of the vehicle; and that the tow truck driver has complied with all requirements of this section which would be applicable if the lien holder were the vehicle owner of the vehicle being towed.
(Ord. 17-0822, passed 8-22-2017; Ord. 21-0921, passed 9-21-2021) Penalty, see § 91.99