Though the issue was somewhat overshadowed by the paid parking items on the agenda at Tuesday night’s meeting, the City Council heard an ordinance that would rein in nonconsensual towing in the Entertainment District.
State legislators from the Fayetteville area, Lindsley Smith and Sue Madison sponsored a bill that gives more power to cities to help supress predatory towing practices.
City Attorney Kit Williams drafted an ordinance that would cap the towing fee for nonconsensual towing, say if a car was over-parked in a private lot off of Dickson Street, to $60. The measure also addresses storage charges and regulates signs in private lots that warn patrons of towing.
Parking signs off Dickson St.
Kelly Thomas of Towing Plus on South School Avenue said the new rules would cut her business by $20 per tow from the Dickson Street area.
“That might put a lot of people out of business,” Thomas said.
Jim Erwin of Erwin Wrecker Service questioned the new rates, especially because police-initiated towing rates are higher.
A state statute gives the Police Department the right to set the rates for police-initiated towing. The City Council does not have the jurisdiction to change those rates, City Williams said.
Chief of Police Greg Tabor confirmed that the police-towing rate is higher than the ordinance that Williams drafted. The agreement of rates between Tabor and the towing companies who handle police-initiated tows was formed two years ago, Tabor said.
While the council does not have the authority to alter those rates, Alderman Matthew Petty encouraged the mayor to look into the issue.
Council Member Brenda Thiel suggested keeping the ordinance on the first reading to allow time to potentially remedy the concerns expressed at the meeting.
Proposed Towing Ordinance Requirements
Fees
Fee regulations include:
– $60, $80 and $100 towing charge limits depending on where vehicle was towed from
– $10 per day storage fee limit beginning 12 hours after car is towed
– No mileage, transportation, or any other fees may be charged
Signs
Multiple regulations on signage are proposed and include details on locations and sizes of signs as well as contents of the signs such as:
– Maximum charge amounts for towing and storage
– Name, address, and telephone number of towing and storage firms
Payments accepted
Towing companies must accept credit and debit cards (no more cash-only charges).
Location of storage yard
The storage yard must be located within Fayetteville or no more than eight miles from the towing site.
Company must answer telephone
Towing company telephones must be answered beginning immediately after towing occurs and for 12 hours afterwards.
* Police-initiated tows are exempt from the proposed regulations
Mary Robbins is a regular contributor for the Fayetteville Flyer. She declared Fayetteville as her hometown upon moving here for college. She is a Journalism graduate who enjoys live music, the outdoors and attending city council meetings. For more of Mary’s contributions, visit her author page.
Wasn’t that one of the arguements for pay parking on Dickson? To help combat predatory towing? And now it turns out that the city can regulate towing in private lots without turning them all to city pay lots? Well, it looks even more like we are selling out our Dickson street customers purely for WAC.
I’m for it, having to pay 100 in cash to get your car back is insane! how are you supposed to get to the bank without a vehicle? its hard enough to get a ride to the dang tow lot!
yea the tow companies are whining about going under, I wonder how much of that cash only towing gets reported to the IRS, see towing companies, you arent the only ones with the power here.. I hope you are keeping your books squeaky clean because we are getting sick of you and the police preying on us.
The city needs to take a couple of cops and make them into tow truck cops and let the city make the money and control the towing needs of the city..and get these towing companies off the street,they don’t have the power to give a ticket .but they have the power to to hold your car hostage and request cash $$$
Dickson has directly lost money out of my wallet because of the parking situation. Like, two Saturdays ago, I went down with a pocket full of cash and a terrible thirst, and after twenty-five minutes of running laps around every lot off Dickson looking for a spot, had to turn around and go home, because I just KNOW those great egalitarian Fayetteville cops would hanker to my ol’ truck like pit bulls to sirloin. 8PM on a Saturday. Not acceptable.
It is wrong that towing companies can just tow at will with loose guidlines. I am in the restaurant business, I cant just walk up to someone on the street, hand them a plate, and demand payment. Why should any company be able to just force thier business on anyone.