Selma Municipal Code Ch. 26 Nonconsensual Towing Contracts

FRANCHISE AGREEMENT: An agreement between the city of Selma and a franchisee awarding a nonexclusive franchise to franchisee for nonconsensual towing subject to the terms and conditions of the franchise agreement.

NONCONSENSUAL TOWING: The towing of vehicles in circumstances not requiring the owner's consent. (Ord. 2009-7, 8-17-2009)

The city council of the city of Selma may award nonexclusive, nonconsensual franchises in the city pursuant to the following:

(A) The granting of a nonconsensual towing franchise shall be done by a franchise agreement approved by resolution of the city council of the city of Selma and executed by the city manager or his or her designee.

(B) It shall be unlawful for any person to engage in the business of nonconsensual towing within the city unless such person is an employee or agent of the city, or is a party, or agent or employee of a party, to a "franchise agreement" as defined in this chapter.

(C) That all nonexclusive, nonconsensual towing franchises shall be subject to the terms and conditions specified in the franchise agreement(s), this code, applicable resolutions, and any other federal, state or local law.

(D) The city of Selma may award any number of franchises subject to applicable state or federal law. The city of Selma may limit the number of franchises awarded based upon, but not limited to, the number of franchises necessary or required, as determined by the city manager or his or her designee, to effectively nonconsensually tow vehicles as necessary or required by this chapter or any other law.

(E) The city of Selma may, by resolution of the city council set and/or amend, from time to time, a referral fee to be paid by franchisees for each tow in an amount not to exceed the actual costs borne by the city related to nonconsensual towing of vehicles as described in this chapter.

(F) In granting a nonexclusive, nonconsensual towing franchise, the city council of the city of Selma may provide for such other and additional terms and conditions as the council deems necessary to protect the public health, safety, and welfare. (Ord. 2009-7, 8-17-2009)

Nothing in this chapter precludes the city of Selma from using any other available method to lawfully tow vehicles without the consent of the owner, including, but not limited to, chapter 19 of this title. (Ord. 2009-7, 8-17-2009)