11-251.04. Authority to set rates for private towing carrier; definition; violation; classification

A. Except as provided in subsection B of this section, the board of supervisors may regulate the maximum rate and charge for towing, transporting or impounding a motor vehicle from private property without the permission of the owner or operator of the vehicle by any private towing carriers doing business within the boundaries of the county. A private towing carrier is subject to the maximum rate and charge regulation prescribed by the board of supervisors for all such towing, transporting or impounding services if the vehicle being towed or transported is towed from private property located on property that lies within the boundaries of the county.

B. The provisions of subsection A of this section shall not apply to the towing, transporting or impounding of a motor vehicle from private property without the permission of the owner or operator of the vehicle by a private towing carrier where the vehicle being towed or transported is towed or transported from property that lies within the boundaries of an incorporated city or town that has regulated such towing, transporting or impounding pursuant to section 9-499.05.

C. It is unlawful for a private towing carrier to tow or transport a motor vehicle from private property without the permission of the owner or operator of the motor vehicle unless such private towing carrier receives a request from a law enforcement agency or the express written permission from the owner or the agent of the owner of the property. The owner or his agent shall either sign each towing order or authorize the tow by a written contract which is valid for a specific length of time. The private towing carrier may not act as the agent of the owner.

D. A person who violates subsection C is guilty of a class 2 misdemeanor.

E. This section shall apply only to services performed while a person is actually engaged in the activities of a private towing carrier.

F. For the purposes of this section, " private towing carrier" means any person who commercially offers services to tow, transport or impound motor vehicles from private property without the permission of the owner or operator of the vehicle by use of a truck or other vehicle designed for or adapted to that purpose.