ORDINANCE NO. BL2017-587

An ordinance to amend Chapter 12.08 and Chapter 6.80 of the Metropolitan Code to exempt owners of stolen vehicles from towing fees for recovered stolen vehicles.

WHEREAS, section 6.80.415 of the Metropolitan Code of Laws authorizes the Metropolitan Government to contract with wreckers or private vehicle tow services for the towing or removal of any vehicle believed to be stolen; and

WHEREAS, vehicle owners who are the victims of auto theft and related crimes are currently required to pay towing fees in order to reclaim their stolen vehicles from impound lots; and

WHEREAS, assessing towing and related fees against individuals who are the victims of vehicle theft -- who often experience financial hardship as a result of these crimes – is inequitable; and

WHEREAS, storage fees for tow-in lots under the jurisdiction of the Metropolitan Nashville Police Department (MNPD) are waived for owners of stolen vehicles, pursuant to Metro Code of Laws section 12.72.080, provided the owner reports the automobile as stolen to the MNPD prior to recovery, and that the owner reclaims the vehicle within twenty-four hours after being notified by the MNPD; and

WHEREAS, individuals who are the victims of vehicle theft should be similarly relieved of paying towing and related impound fees at all facilities if that vehicle was towed pursuant to a licensee contract with the Metropolitan Government of Nashville and Davidson County.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That section 12.08.150 of the Metropolitan Code of Laws be amended by adding the following subsection:

G. Effective June 30, 2017, the owner or authorized driver or operator of the impounded vehicle may have towing and other associated impound fees waived if the vehicle is a recovered stolen vehicle. An individual requesting a waiver of fees must present verifiable proof that the vehicle was stolen at the time the vehicle was impounded. For the purposes of this subsection, “verifiable proof” includes a police report or other official documentation from the Metropolitan Nashville Police Department.

Section 2. That section 6.80.550 of the Metropolitan Code of Laws be amended by adding the following subsection:

J. Effective June 30, 2017, if a vehicle stored pursuant to this chapter is determined to be a stolen vehicle, a waiver of fees charged pursuant to this section shall be granted. An individual requesting a waiver under this subsection must present verifiable proof that the vehicle was stolen at the time the vehicle was impounded. For the purposes of this subsection, “verifiable proof” includes a police report or other official documentation from the Metropolitan Nashville Police Department.

Section 3. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Nick Leonardo

LEGISLATIVE HISTORY

Introduced: February 7, 2017
Passed First Reading: February 7, 2017
Referred to: Budget & Finance Committee
Public Safety, Beer, and Regulated Beverages Committee
Deferred Indefinitely: February 21, 2017
Withdrawn: August 20, 2019

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.