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HomeMy WebLinkAboutOrdinance No. 19243ORDINANCE NO. 1943 AN ORDINANCE DECLARING UNLAWFUL BUSINESS PRACTICES FOR OWNERS DF PARSING FACILITIES AND TOWING AND VEHICLE STORAGE BUSINESSES; PROVIDING REMEDIES; ADDING SECTIONS 4.980, 4.981, 4.9$2, 4.9$3, 4.9$4, 4.9$5, AND 4,9$7 TO THE EUGENE CODE, 1971; AMENDING SECTION 4.990 DF THAT CODE; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE ODES ORDAIN AS FOLLOWS: Section 1. The following caption and secti.ons~are hereby added to the Eugene Cade, 1971, to read and .~ rov~ide: ~: ~ ~~ .p Unlawful Business Practices 4,980 Definitions, For the purposes of sections 4.980 to 4.987, the following words and phrases mean: Connected, connection. A motor vehicle is connected or a connection is accomplished when two wheels done wheel if a matar- cycle ar motorbike} of the vehicle are elevated off the ground and the vehicle is safely attached to a vehicle used in the towing busi- ness for transport. Parkin facility. Any parking facility as defined in section 5.010 of this code. Parkin facility owner. The owner, operator or person in pos- sessi on of a parking foci 1 i ty. Towing business, Includes engaging in any of the following acts: ~a} The towing or recovering of vehicles by any means for any direct or indirect compensation when the vehicle be- ing towed or recovered is owned by a person other than the person performing the towing ar recovering activity; or fib} The towing or recovering by any means, as part of any business operation of the person, vehicles that are wrecked, damaged, disabled ar abandoned, or replacement vehicles; but does not include providing assistance to another motorist, whether or not compensation is received, if the assistance is not provided as part of the business operation of the person providing the assistance. Lehi c~ a op,erator,. Any person 1 awf ul ly i n possession of a motor vehicle which may include the operator, lessee, owner or holder of a security interest. Vehicle stora a business. Operating for direct or indirect compensation a premises used for the storage, dismantling or sale of any vehicle which has been towed from a parking facility. Ordinance ~- 1 i /R~H3 4.9H1 Unlawful Business Practices. (1} A parking facility owner engages in an unlawful business practice when the owner does any of the following: ~a~ Authorizes the removal of a vehicle without first ivin g 9 notice of the intended removal to the Eugene Police Department. fib} Receives direct or indirect compensation f rom a arson P engaged in the towing business based on a per vehicle towed from the parking facility without the vehicle operator's consent or an a percentage of the fees collected upon redemption or sale of the vehicle towed without the operator's consent, ~c} Upon reasonable demand of the operator of a vehicle towed from a parking facility, fails to disclose: ~. The specific written or verbal authorization to a towing business which allowed the vehicle to be removed from the parking facility, the time the authorization was given, and to whom it was given; aid ~. The name, address and telephone number of the place where the vehicle is stored. ~2~ Any person engaged in the towing business or the vehicle storage business engages in an unlawful business practice when the person does any of the fallowing: ~a~ Directly or indirectly compensates a parking facility owner, for the authority to tow vehicles from the parking foci 1 i ty without the vehicle operator's consent based on a per vehicle towed or on a percentage of the fees collected upon redemption or sale of the vehicle. ~b~ Charges for services not actually rendered. ~c~ Charges fees for services rendered other than those dis- played in compliance with section ~4.98~ of this code. ~d~ Before connection, and after a vehicle operator has re - quested the release of a vehicle far its immediate removal, charges or attempts to charge a vehicle operator for services rendered. This provision does not apply to services performed at the request of a vehicle operator or police officer. fie} Continues to connect a motor vehicle after its operator communicates a willingness to immediately remove the vehicle from the parking facility. ~f~ Tows a vehicle from a parking facility when the vehicle operator is present and has communicated a willingness to pay just and reasonable fees for the immediate release of the vehicle at the location. fig} Removes vehicles from a parking facility in less than fifteen minutes after the vehicle operator has advised the tow vehicle operator that ~s~he is going to secure cash to pay the charges to redeem the vehicle. The taw vehicle operator may re- move a vehicle from a parki ng foci 1 i ty i n 1 ass than fifteen minute's if remaining in the parking facility will impede others in the authorized use of the parking facility and ~. The vehicle operator agrees to an alternate waiting location, or 2. The tow vehicle operator has told the vehicle opera- tor where ~s~he will wait reasonably proximate and convenient to the parking facility. ordinance - Z iRzy~ ~h~ Refuses prompt access to impounded vehicles to remove pets or prescription medicines or to remove money or identifica- tion for the purpose of redeeming the vehicle.« ~i~ Engages in conduct which prevents or discourages a vehicle operator from being accompanied by a person or his or her choice when seeking redemption of the vehicle. ~} Prevents the vehicle operator from inspecting the vehicle and its contents before redeeming the vehicle. ~k~ Charges fees that are not just and reasonable for the towing, care or storage of vehicles. ~1} Charges fees for services which increase based upon the behavior of the person redeeming a vehicle. gym} Requires the vehicle operator, prior to inspection of the vehicle, to sign a release or limitation of liability for the benefit of the person engaged in the towing or vehicle storage business. fin} Refuses or fails to make change when cash in reasonable denominations is tendered after demanding payment in. cash. ~o} Fails to provide to the person redeeming a vehicle an ~tem~zed bill for services according to the published rate schedule required by section 4.983 of this code. ~p~ Upon request fails to disclose within two business days: 1.. The name and mailing address of the parking facility owner that authorized the removal of the vehicle, 2. The date and time of each notice required by ORS 98.812, sections 4.980 to 4.987 of this code, or any succeed- ing statute or ordinance. 4.982 Removi n 1~ehi cl a From Parki n Faci 1 i ty. ~T~ Except as provided in subsection ~2} of this section, it shall be unlawful for any person to remove or direct the removal of a motor vehicle from a parking f aci 1 i ty without the vehi cl e operator's permission unless the parking facility has permanently erected or affixed signs as ro- p v~ded ~n sect~an 5.540 of this code. ~2~ Tt is not a violation of this section to remove or direct the removal of a motor vehicle whan~ ~a~ It is ordered to be removed by a police officer or fire officer performing his or her official duty; fib) Tt violates subsections 5.240~1~ or 5.2402} of this code; ~c} Tt is parked in an area clearly designated "no parking"; or (d) It is abandoned. 4.983 Posting Rate Schedules. ~1} Persons engaged in the vehicle storage ar towing business shall display at their place of business a sign containing the schedule of fees for all towing, recovery, care, or storage services. The letters and numbers on the sign shall be machine ar block lettered and readable from the areas of the business open to the public. ~2} then towing vehicles from parking facilities there shall be displayed on the tow vehicle in a manner easily read from outside the taw Ordinance - 3 /9zy3 vehicle, the schedule of fees for towing and disconnecting services, The sign shall also declare no fee shall be charged prior to connection. The letters and numerals an the sign shall be machine or block lettered and readable from a distance of Zo feet. 4.984 Investi ations. (1} 4~hen it appears to the city manager that a erson has en a ed p gg in, is engaging in, or is about to engage in any act or practice declared to be unlawful by section 4..981 of this code (s}he may execute in writing and cause to be served an investigative demand upon any person who is believed to have information, documentary material, ar physical evidence relevant to the alleged or suspected violation. An investigative demand shall require such person, under oath or otherwise, to appear and testify, to answer written interrogatories, or to produce relevant documentary material or physical evidence for examination, at such reasonable time and place as may be stated in the investigative demand, or to do any of the foregoing concern- ing conduct of any trade or commerce which is the subject matter of the investigation. ,` (2} At any time before the return date specified in an investiga- t~ve demand, or w~th~n ZQ days after the demand has been served, whichever period ~s shorter, a petition to extend the return date, or to modify or set aside the demand, stating gaol cause including privileged material, may be filed in the Municipal Court. (3} Service of any investigative demand under subsections (1} and (~} of this section shall be made personally within this state. If personal service within this state cannot be made, substituted service therefor may be made by any of the fallowing methods: (a} Personal service thereof without this state; (b} The mailing thereof by registered or certified mail to the last known place of business, residence or abode within or without this state of such person for whom the same is intended; (c} As to any person other than a natural person, in the manner provided for service of summons in an action or suit; or (d} Such service as the Municipal Court may direct in lieu of personal service within this state. (4} If any person after being served with an investigative demand under this section fails yr refuses to obey an investigative demand issued by the city manager, the city manager may, after notice, apply to the Municipal Court and, after hearing thereon, request an order: (a} Granting injunctive relief to restrain the person from engaging in conduct of any aspect of the trade or commerce that is involved in the alleged or suspected violation; (b} Granting such other relief as may be required, until the person obeys the investigative demand. (5} Any disobedience of any formal order of the Municipal Court under this section shall be punished as contempt of court. 4.955 Injunctive Relief. (1} when the city attorney has probable cause to believe that a person is engaging in, has engaged in, or is about to engage in an unlawful business practice described in section 4.981 of this code, the city attorney may bring suit in the name of the city in the Municipal Court to restrain such person from engaging in the alleged unlawful business practice. Ordinance - 4 ~gzy3 ~Z} Except as provided in subsections ~~5} and ~6} of this section before filing a suit under subsection ~~} of this section, the cit attarne shall ~n wr~tin notif the y y . g , y person charged of the alleged unlawful business practice and the relief to be sought. Such notice shall be served in the manner set forth in section 4.9$33} of this code for the service of inves- tigative demands. The person charged thereupon shall have ~C days within which to execute and deliver to the city attorney an assurance of voluntar campliance. Such assurance shall se y . t forth what actions, if any, the person charged intends to take with respect to the alleged unlawful business rac- tice. The assurance of voluntar p y compliance shall not be considered an ad- mission of a violation for any purpose. If the city attorney is satisfied with the assurance of voluntary compliance, it may be submitted to the Municipal Court for approval and if approved shall thereafter be filed with the clerk of the court and the city manager. ~3} The city attorney may reject as unsatisfactory any assurance: ~a} Which does not contain a promise to make restitu- Lion in specific amounts or through arbitration for persons who suffered any ascertainable loss of money or property as a result of the alleged unlawful business practice; or .. b} Which does not contai n~ any provision, including -~ but not limited to the keeping of records, which the city attorney reasonably believes to be necessary to insure the continued cessa- tian of the alleged unlawful business practice, if such provision was included in a proposed assurance attached to the notice served pursuant to this section, ~4} violation of any of the terms of an assurance of voluntary campliance which has been approved and filed with the court shall constitute a contempt of court. . .~5} ,The city attorney need not serve notice pursuant to subsea tion ~2} of this section before filing a suit if, within two years rior to the f i l i n of such sui t the ers p . 9 p an charged with the unfair business prac- t~ce submitted to the city attorney an assurance of voluntary compliance which was accepted by and filed with the Municipal Court. The cit attarne Y y shall in such case serve notice on the defendant in the manner set forth in section 4.9843} of this code for the service of investigative demands, on the ~Cth or earlier day previous to the filing of suit, ~5} ~f the city attorney alleges that ~s}he has reason to believe that the delay caused by complying with the provisions of subsection 2 or . ~} ~5} of this section would cause immediate harm to the public health safet or welfare, the cit attarne ma imme ' ~ y Y y y d~ately institute a suit under subsea ti on ~ 1 } of this secti an . ~7} A temporary restraining order may be granted without rior p notice to the person if the Municipal Court finds there is a threat of im- mediate harm to the public health, safety ar welfare. Such a temporary restraining order shall expire by its terms within such time after entry, not to exceed 1D days, as the court fixes, unless within the time sa fixed the order, for good cause shown, is extended fora like period or unless the person restrained consents that it may be extended for a longer period. ~8} If the defendant prevails in such suit and the court finds that the defendant has in good faith submitted to the city attorney a satis- factory assurance of voluntary campliance prior to the institution of the suit or that the city attorney, in a suit brought under subsections 5 and . ~} ~5} of this section, did not have reasonable grounds to roceed under those p subsections, the court. shall award reasonable attorney fees at trial and on Ordinance ~- 5 ~gzy3 appeal to the defendant, ~f the city prevails, the reasonable expenses of investigation, preparation and prosecution shall be taxed against the de- fendant, upon application of the city attorney in the sage manner as costs are taxed and shall be in addition thereto. 4.987 ~ Remedi a1 Power of Court, within its jurisdictional 1 i mi ts, the municipal court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, of which he or she was deprived by means of any business practice declared to be unlawful in section 4.981 of this code, or as may be necessary to insure cessation of unlawful business practices, section 2. Subsection ~3~ of Section 4.990 of the Eugene Cade, 1971, is hereby amended to read and provide: 4.990 ~3~ ~liolation of sections 4.045 to 4.085, 4.330, 4,425, 4.7259}, 4.795, 4.835 to 4.950, 4.860, 4.895, 4.925, 4.965 to 4.975, and 4.981 to 4.983 is punishable by fine not to exceed $500. Section 3. That the matters contained herein concern the public welfare and safety and therefore, an emergency is hereby declared to exist, and this Ordinance shall became effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this 23rd day of April, 1984 i~~-,~. 4 ~~. City ecorder Approved by the Mayor this 23 a of April, 1984 Mayor ordinance - 6