Richmond Municipal Code Ch. 7.74 Storage of Damaged Motor Vehicles

For the purposes of this chapter, "damaged motor vehicle" means:

(1) Any damaged, wrecked, dismantled, partially dismantled, inoperative or abandoned motor vehicle or part thereof which is towed into the city or which is towed within the city;

(2) Any motor vehicle, whether or not it is damaged, wrecked, dismantled, partially dismantled, inoperative or abandoned which is towed at the request of the police department.

(Amended by Ord. No. 2-72 N.S.)

The city council finds and declares that it is necessary to provide for the storage of damaged motor vehicles within the city in accordance with this chapter for the following reasons:

(1) The storage of damaged motor vehicles in numerous places within the city has been found to result in the placement of the vehicles in inappropriate locations often contributing to the blight of a neighborhood and the lowering of the values of surrounding property.

(2) The use of numerous small storage facilities for damaged vehicles renders it uneconomical for the owners or operators of the facilities to provide for adequate security against theft and vandalism, or to have personnel available at all times to release the vehicles upon the request of their owners or the police department.

(3) Many damaged motor vehicles are towed at the request of the police department. Secure storage of such vehicles must be provided because many of them must be preserved as evidence in criminal and civil litigation. Furthermore, it is necessary that personnel be available at any storage facility at all times to release vehicles upon authorization of the police department.

(Amended by Ord. No. 29-75 N.S.)

The city council may grant an exclusive franchise for the operation of facilities within the city for the storage of damaged motor vehicles. Any person, firm or corporation desiring to operate such facilities may apply to the city council for such franchise. In determining which applicant shall be granted the exclusive franchise, the council shall take into consideration all facts which it may deem pertinent and proper, including a specific finding that the applicant is financially responsible, that the facilities proposed to be used are fit and suitable, and that the use of the facilities for the storage of damaged motor vehicles is permitted by the city's zoning laws. The franchise shall be granted for a period not to exceed 25 years. The franchise may be transferred with the consent of the city council and the chief of police; provided, that the transferee satisfies all requirements of this chapter.

(Amended by Ord. No. 29-75 N.S.)

The person, firm or corporation who is issued the exclusive franchise pursuant to Section 7.74.030 shall observe the following conditions:

(1) The storage facilities shall be made secure at all times against the entry of unauthorized personnel, and precautions shall be taken by the operator of the facilities to protect motor vehicles stored therein and the contents of the motor vehicles from theft or damage.

(2) The operator of the storage facilities shall have personnel available on a 24-hour-per-day basis to release motor vehicles when authorized or directed to do so by the police department.

(3) The operator will charge for storage service in accordance with the schedule set forth by the resolution of the city council. Towing service charges made by the police tow operators and private tow service operators pursuant to Chapter 7.72 of this code shall be allocated between the tow operators and the storage operator as follows:

(A) For each damaged motor vehicle towed at the request of the police department, the tow operator shall pay the storage operator one-half of the amount charged for the tow; provided, however, that for any damaged vehicle which is abandoned while in storage and the full amount of charges are not collectible, the tow operator shall receive a maximum of $10.00; provided further, however, that in any event the charges payable to the tow operator shall be not less than $5.00.

(B) For all other damaged motor vehicles towed to storage, other than those towed at the request of the police department, the tow operator shall receive the full amount of charges in accordance with the schedule set forth by the resolution of the city council; provided, however, that for any damaged motor vehicle which is abandoned while in storage and the full amount of charges are not collectible, the tow operator shall receive a maximum of $10.00.

(4) The operator will carry a public liability insurance policy in an amount satisfactory to the city attorney covering his activities in such storage facilities and will post with the city clerk a bond in the sum of $5,000.00 conditioned upon his faithful performance of all the services required under this chapter.

(5) No motor vehicle towed at the request of the police department shall be released by the operator of the storage facilities to the owner of the vehicle or any other person except with the written authorization of the police department.

(6) The operator will not permit any person to tamper with any motor vehicle towed at the request of the police department or with any of the contents of any such vehicle unless authorized to do so by the chief of police.

(7) The operator will not release a motor vehicle without assurance that the tow service operator has been paid in full. The operator of the storage facility may enter into an agreement with any tow service operator under which he may collect and forward to the tow service operator any charges due for tow service.

(8) The franchisee shall store vehicles only at a location or locations approved by the city council.

(Amended by Ordinance No. 2-72 N.S. and 29-75 N.S.)

The city council may revoke or suspend any franchise granted under this chapter if the person to whom it is granted violates any provision of this chapter.

Every damaged motor vehicle which is towed into the city or is towed within the city shall be stored in a storage facility franchised under Section 7.74.030 unless it is towed to a licensed automotive repair facility for immediate repair, or to the residence or business of its owner, or to a licensed wrecker or 218 dismantler for final disposition.

(Amended by Ordinance No. 2-72 N.S. and 29-75 N.S.)