Advisory Board On Trespass Vehicle Towing

Transcription

Trespass Towing Advisory Board MeetingCounty Board Room2100 Clarendon Boulevard3rd FloorArlington, VA 22201Thursday, July 14, 20166:30 p.m. – 9:00 p.m.**The Public Hearing will begin no earlier than 7:30 p.m.**TENTATIVE AGENDA1. Introduction of Members (Voting and Non-voting) and Staff2. Review of Charge and Scope3. Election of Chairperson4. Review of State Code Changes5. Overview of Towing Data/Towing Complaints for 20156. Section-by-Section Review of the Draft Ordinance and New Business7. Discussion of Next Steps/Timeline8. Public Hearing

Arlington County Trespass Towing Advisory Board (TTAB) MeetingArlington County Board Room2100 Clarendon Boulevard3rd FloorArlington, VA 22201Thursday, July 14, 2016, 6:30 p.m. – 9:00 p.m.**Public Hearing Scheduled to begin no earlier than 7:30 p.m.**Public Hearing Procedures Individuals may speak for a maximum of 3 minutes. Representatives of towing and recovery operators, property owners/property managers,businesses, civic associations, or other entities may speak for a maximum of 5 minutes.Only one speaker per organization will be allowed. In order to speak, you must complete a speaker slip form. Speaker slips forms will beaccepted until 8:00 p.m. The 3-minute speakers are called first, followed by 5-minute speakers. In each category,speakers will be called in the order in which speaker slips are received. In the event thata 3-minute speaker submits a speaker slip prior to the deadline but after 5-minutespeakers have begun, they will be heard at the conclusion of the 5-minute speakers iftime allows. Only one speaker per organization will be allowed. You must be present in the room when your name is called. Those not present at thetime their name is called will be called again at the conclusion of the 3 or 5 minutespeaking block. You may not donate your time to others. Written materials to be submitted for the record shall be provided to the TTAB StaffCoordinator with the speaker slip. When submitting materials, please provide 15 copiesfor the TTAB, staff and the public record.

ARLINGTON COUNTY TRESPASS TOWING ADVISORY BOARDPublic Hearing Speaker Slip1. Date: July 14, 2016Name:2. Speaker Information Mrs. Ms. Mr.(please print clearly)Organization:Address:Evening Phone:Daytime Phone:Email Address:3. How long will you speak?Three Minutes (Heard First)Five Minutes (Heard Last. Please complete field below. One speaker per organization.)Name of Organization (Required):July 14, 2016 PUBLIC HEARING

Tow Complaints 2015CompanyTotal ComplaintsAdvanced 59 6 15 1A-1 2Al’sHenry’sViolations 0 1 0 5Redman’sUnknown 5 0 N/A 87 7Types of Violations by CompanyAdvancedTowed from valid spot 3 (Complainant was towed from a valid spot. Advanced admitted mistake and refunded)Signage 2(Signs not meeting county requirements)Other 1(Ownership of lot changed, and they did not notify Advanced. Refund provided)A-1

Signage 1(Complainant measured letters on sign and found they were 1/8” too small. RefundProvided)*Unknown Company above refers to incidents where caller provided incompleteinformation, and did not respond to inquiries from investigator.Repeat Locations: 2 or More3924 Wilson Blvd (Gold’s Gym/Fresh Bikes) 4 complaints No Violations. One 50% refund offered.2601 Columbia Pike (Fillmore Shopping Center/CVS) 4 Complaints No Violations3033 Wilson Blvd 4 Complaints One Violation Owner of lot changed, Advanced offered refund2800 Clarendon Blvd (Market Commons) 2 Complaints (Custom No Violations3200 Blk. Colombia Pike (Westmont Shopping Center) 2 Complaints No Violations

Tow Complaints January 2016 – June 2016CompanyTotal ComplaintsAdvanced 20 2 5A-1 1 3RedmanHenry’sViolations 0 1 0 Unknown 9 N/A 38 3Types of Violations by CompanyAdvancedEvidence of Tow 1 (Complainant petitioned for, and obtained, summons against company for failing toprovide photographs)Signage 1(Sign suspected to have been knocked down during snow removal. Advanced offeredrefund)A-1Other 1(Car towed due to snow, A-1 offered to refund money)

*Unknown Company above refers to incidents where caller provided incompleteinformation, and did not respond to inquiries from investigator.Repeat Locations: 2 or More3924 Wilson Blvd (Gold’s Gym/Fresh Bikes) 4 complaints (Signage) Advanced Towing: No Violations2601 Columbia Pike (Fillmore Shopping Center/CVS) 3 Complaints (Signage) Advanced Towing: No Violations2305 Wilson Blvd (Dunkin’ Donuts) 2 Complaints (Signage) Advanced Towing: 1 Error regarding missing sign. Suspected it wasknocked down during snow removal. Refund given.

2015 Towing Data - Commercial vs ResidentialTowing per ommercialDay and Night - Numbers2015 DataCommercialBetween 7pm to 8am5,029Between 8am to 7pm2,954Total7,983Residential8,0292,63010,659Day and Night - Percentage2015 DataCommercialBetween 7pm to 8am27%Between 8am to 202122ResidentialTotal13,0585,58418,642Weekend and Workday - Numbers2015 DataCommercial ekend and Workday - Percentage2015 DataCommercial tal34%66%100%Weekend and Workday with Night and Day - 0292,9548,0292,630Weekend and Workday with Night and Day - otal6,40212,24018,642Total34%66%100%23

ARLINGTON COUNTY, VIRGINIA2015 Residential Towing IncidentsACHINGEW3AD12E RORT EGIDBRGEORASHINGTONMN GLEBE RDEMORIALPARWK120AYRTERYI TAMILSTADROCH EERBRONGLOKEEBRDRDG BLVD55DDOMWIL LIAMDR5BLEGNNINIOSB UROLERDMIILTARGYAEOROGRD26TST UAKER LANE277/2010 Census Tracts - Amount of Tows per TractResidential TowingHigh - Towing IncidentsLow - Towing IncidentsPursuant to Section 54.1-402 of the Code of Virginia, any determination of topographyor contours, or any depiction of physical improvements, property lines or boundariesis for general information only and shall not be used for the design, modification, orconstruction of improvements to real property or for flood plain determination.Map prepared by Arlington County GIS Mapping CenterProduced and June 2016PARKWAYRGENRIDRALRIOEMMTONHINGSTWASS HA Y ESS A R LIN G TOYDYNAVE395STATTT49319223RD ST S137IN TERS G LEBE RDSEE9E3ATSTERS18TH ST SARML DRYS TADREDRERTEALSWUN DR225STRS STD5SGLEBE RD1US ROUT ER MILERLLRIDMI673NERS FOUNTH26 SSTOTG15TH STYERTERDGEESTTOR158S JOYCE STRDDRRE EDLT ERHDRNOASMEORGLEBMSDASAIN GHARGE66EATSTTERINEDRNKIREEGRREST ONI NGS H IR LDR OASGN3S A R L IN G TRU381S23RD ST SDLTRDED251EDRSTRDMILENAV YS EA DSER12URTIN638328S WADRRYKHENRICPATSTRBLEDFOPIKEARM YN222SBIALU MPIKE82E MA S ON DR350RUOR GGEMILEISGSRDRSHPIKEBIALU M266DRRING SOUAWNSORDMASPSFI KECODRENLI893COBIALU MNGTUT ONEBL27VDCOR RE EDEBEGLG111OS WA LTE409SOREHE32BLVDTONGSMST A NCBLVDTONGEOSTOODNWSTN SYCA MORESTOCKAYNGRO8,000FeetLIAAR LIKINPotomac RiverRODRINTCounty LineHIEMGS WALegendWASMINSHSTS FIL L M OR ENG47PBIAENR5LU MORGROTPE410RUNDAGPE316BOCRYSTAL DRDLVBGURBSMIAYGEN P E R S HI N G D RMMEYDRVD0RYBL11HE NONERTRI CK1 10GSR INBLVD5TH RD S# TowsEUTPA TL DRONVAMAR SHALDRTONGI-LIAR63N MEADE ST124288VBLR DR282N LYNN STSTVD660BLV DSPRTE 50CAVDLNBOUS E RDINRLAR LISDO107E5RTG TONAR LINN GE ORG E M A S ON DRANCARLING TONBLONN COURTHSWILRE NC LAVD6N15TH STBL275SWIL34RDVDN BLONVDN BLBEEN DOCL ARKEY BLVDVDON BLGTWIBL VDLS ONLEWILSNHITSOWILG46591TT DRI-6 610TH ST NDRAXO145ASLT S7966CLEE HWYLE E H W YWSE V ETE 6 6NY338132F A IR FHWLE E29WASHING TON BLVDST133N R OOE R S TAERDVDN BL111FAIRFAX DRIN TTERTRDKIRKW OODNG TORS TAN QUINCYHIWASIN TEDWO OIR KD12111ER8L E E HW YEBN GL41WASHING TON BLVDRN D66M ASOERS TATEGEINTORDRGEYNHWN SYCAMORE STXELE69PKSTSTNDFAIRFANATE 66INTE RSTY208RUN QUIN NE LADRUTS POLAN VEITCHSTOR6ERTFAIRF AX29OMFT MYEEH6ISONDRI- 6E S TMRRLORCSHAYNNHWWAUS ROUTE 1RDLE ERKNELERTE 29YWYPASPPK O UW TRYUEBNHWLAOLD DOMI NI ONR TEDR29GLSOLE EALLNWJO H N M A R SHLILWMIALJEFFERS ON DAVISHWYNMATNSDRORCORWOR GEI SORRLOEMDRKS RDHALLE FANLIT TLTI SMIL ITA R Y RDIRSTECUSMCRINTOY O RKDWN B L VN QUINCY STMYOTORKDBLVWNNEL LIHINGTONDS STDO14DRASS EADWILLIAEWOLNN GE2LDATANALHHRSWMAHNPOOJONSMDBL VRGBU23 3

ARLINGTON COUNTY, VIRGINIA2015 Commercial Towing IncidentsACHINGEW3D12 AE RORT EGIDBRGEORASHINGTONMN GLEBE RDEMOIARLPARWK120AYRTEI TAMILRYSERTADROCHENBROOKEBGLERDRDG BLVD0DODMWIL LIAMDR0EBLENGINIONSB UROLRDMILRAITGYAWGDREORO26TST HNWRKDB LVSODERONHINGTNKIGSTT9UN DR0STREE539TESTAINT9E3ATSTERSTAT5TUTE7/County LinePotomac River2010 Census Tracts - Amount of Tows per TractCommercial TowingValueHigh - Towing IncidentsLow - Towing IncidentsPursuant to Section 54.1-402 of the Code of Virginia, any determination of topographyor contours, or any depiction of physical improvements, property lines or boundariesis for general information only and shall not be used for the design, modification, orconstruction of improvements to real property or for flood plain determination.Map prepared by Arlington County GIS Mapping CenterProduced and June 2016JEFFERS ON DAVISHWY47 30823RD ST SL DRYS TA0CRDPARKWAALRIOEMMNTONGHIASWGEORGEUS ROUTE 181CRYSTAL DRS18TH ST SDS STRIYRS H AYES STSTIN TERS G LEBE RDQUAKER LANEGESSGLEBERD1US ROUT ER MILERLLNDDRS FOUMIOERGNTH26 SST203STERD638REEAYRTEEMSDASANRTO823RD ST SRDLTEDRE15TH STHS EADR7ASLEBALNS JOYCE STRDGEDREDGTERRESSWRU39NRIDRHRDNSOMARGEEO17TOI NGS HIR LDR OASGMILEDRSS A R LI N G TURRTE2WRDRD2580FONAV YSTE3NS00S A R L ING EARM YYNAVSTSTOCKOODNWSTN SYCA MOREYPACOLUBIALU MARMDLVBRGUBSMIAWLDIARRCOS EA DSBLE3RURSGE M A S O N DRO RGGEDSRIL ENGTUT O NEBL27VDIH87PIKESR IN GSPRMODRRNDSOMAE RDENLIOUSAEBGLGCOBIALU M1422R RE EDORSFWS WA LTEEROEMM3SSTNBLVDTONEHEONGGSMST A NCTY DRHIEHENRASIVRI CKWRAR LIRO8,000FeetEDDRKIN4,000ORGNDARGN10UYINSH6DRBO0GS WA0DR11NRPEGSARL ING# TowsIALGEN P E R S HI N G D RBLVDTONI KE3LegendORERTPA T110INSH96IA PMBL DREUTOR16CO LUVAMAR SHALMMESR4DRPE33CAVDSTNGN22RTE 50SBLS F IL LM OR E45BLVD5TH RD SI-RDAR LIARLING TON660N MEADE STSPR DRL INARN LYNN STNCTNGBLV DN GE ORG E M A S ON DRGSR INON38210RDLIARVBLE5RTG TONAR LIN225VDON BLBESWILVD3WILS104565ON19VDN BLBLTWILBL VDSONLE118EN DOCL ARKEY BLVDVDON BLNLT STE 6 6GVDWILSTOEV ER S TAN135VDLNBT DRNGHI236SN R OOI N TERECL ABLONDOTI-6 610TH ST NDRX57N15TH STONC476LE E H W YASSTFAIRFAX DRFAYOUS E RD859F A IRHWLE E29SWILWASHING TON BLVDLEE HWY0WVDN BLPKN COURTH18E117266RDNG TOTERTRDKIRKW OODHIWASRS TAN QUINCY7IN TEWO O DIR KD1WASHING TON BLVDE 6610EREBSTATL E E HW YN GLINTER0DRDRNMA S OGEYORHWGEELEY46NXN SYCAMORE STFAIRFA29NSTSTNDDRRUFT MYEE LAERTFAIRF AXUTATE 66INTE RSTN VEITCHSTOR60ISONDRI- 6E S TMRRS POLASTHAOMN QUIN NNLORCSLERTE 29YYNHWHWWAE395RDLE EALLLILWYRKDRELE EPANEBNTJO H N M A R S HNW0WEHLAOLD DOMI NI ONR TEDR29GLSONSDROMIALSPPK O UW TRYUIS ONAO RG E MRRRCLOORDRKS RDHALLE FANLIT TLTI SMILITA RY RDIRSTN BL V DMRE EDINWTOY O RKN QUINCY STMDBLVMELT ERDOYNOWKTORNELLIECUSHINGTONS WADWILLIAEASOL4DRN GE2LDATANALHHRSWMAHNPOONJONSMDBL VRGBU23 30

ARLINGTON COUNTY, VIRGINIATowing Extents - 3 and 4 MileM"M"M"MontgomeryCountyM"Bethesda29 TysonsCorner123ÅM"M"Å7M"M"29 FallsChurchM"M"M"M"M"M"M"M"M"66! ,29 M"M"M"M"M"M"50 50 Alexandria620ÅM"M"M"M"M"LegendMetro - Rail LinesBlueSpringfieldMixing 95Bowl ,!Green1 OrangeRedSilverM"YellowM"Metro StationsRoadsMajorRoadsJurisdiction Boundaries3 mile County Buffer4 Mile County BufferPotomac River06,00012,000FeetMap prepared by GIS Mapping CenterPursuant to Section 54.1-402 of the Code of Virginia, any determination of topographyor contours, or any depiction of physical improvements, property lines or boundaries isfor general information only and shall not be used for the design, modification, orconstruction of improvements to real property or for flood plain determination.Map 2016 Arlington County, VAPrinted: June 2016Technical Services Team

ARLINGTON COUNTY CODETOWING & STORAGE OF VEHICLESARLINGTON COUNTY CODEChapter 14.3IMMOBILIZATION, REMOVAL, TOWING AND STORAGE OF VEHICLES FROM PRIVATEPROPERTY*§ 14.3-1. Findings and Purpose.§ 14.3-2. Definitions.§ 14.3-3. Applicability.§ 14.3-4. Compliance with State Licensing Requirements for Property From Which Vehiclesare Removed.§ 14.3-5. Removal of Trespassing Vehicles Tow Truck Operator and Driver Requirementsand Standards of Practice.§ 14.3-6. Notice to the County of Trespass Tow.§ 14.3-7. Storage Facilities.§ 14.3-8. Receipt Required.§ 14.3-9. Fees.§ 14.3-10. Manner of Payment.§ 14.3-11. Records.§ 14.3-12. Violations.§ 14.3-1. Findings and Purpose.The County Board has found that some members of the public and their property have been placed at riskin circumstances where their vehicles have been towed from private property without their consent and placed instorage because of a variety of factors. Those factors includinginclude, but are not limited to, unfair and predatorytowing and pricing practices, inadequate notice of when vehicles are subject to towing, unreasonable prices fortowing and storage, and lack of adequate recourse in the event of improper towing or storage, among others. Basedupon the foregoing, the County Board has concluded that the regulations provided for by this chapter are required toprotect the public health, safety and welfare generally, and particularly the safety of those members of the publicwhose vehicles have been towed from private property without their consent and stored, as well as the public interestin ensuring that the prices charged for such non-consensual tows from occurring in instances when vehicles aretrespassing on private property are fair and reasonable.(Ord. No. 06-11, 7-8-06; Ord. No. 07-18, 12-15-07; Ord. No. 09-15, 5-16-09)§ 14.3-2. Definitions.Except as hereinafter set forth, the words used in this chapter shall have the same meaning as set forth in§ 46.2-100 of the Code of Virginia, as such may be amended from time to time.“Immobilization” means a procedure that utilizes equipment, such as a boot, that prevents a vehicle frommoving. Immobilization does not include attachment to a tow truck.“Storage fee” means the compensation payable for the storage of a towed vehicle that has been stored at orin a facility owned, operated, leased or used by a tow truck service.“Tow, tows, or towing” means the act of removing, by tow truck, a vehicle from privately-owned propertywithin the County where it is parked. The preparation of a vehicle for removal by a tow truck or the attachment of avehicle to a tow truck, or both, does not, for purposes of this chapter, constitute a tow or towing.“Towing fee” means the compensation payable for the towing of a vehicle.14.3-1Code Updated 3-2014

ARLINGTON COUNTY CODETOWING & STORAGE OF VEHICLES“Towing and recovery operator” or “Operator” means a personbusiness or entity engaged in theimmobilization or towing of a vehicle from private property in Arlington County without the consent of the vehicleowner. business of (i) removing disabled vehicles, parts of vehicles, their cargoes, and other objects to facilities forrepair or safekeeping and (ii) restoring to the highway or other location where they either can be operated orremoved to other locations for repair or safekeeping vehicles that have come to rest in places where they cannot beoperated. The term includes any employee, authorized agent or legal representative of such individual or entity. Anyperson who in any way advertises himself as a towing and recovery operator or in any way conveys the impressionthat he is engaged in services of providing towing and recovery of vehicles shall be deemed to be engaged in towingand recovery services. The term does not, for purposes of this chapter, include an individual or entity that removesvehicles from public streets and other locations, pursuant to a contract with the County.“Tow truck” means a vehicle for hire (i) designed to lift, pull, or carry another vehicle by means of a hoistor other mechanical apparatus and (ii) having a manufacturer’s gross vehicle weight rating of at least ten thousand(10,000) pounds. Tow truck also includes vehicles designed with a ramp on wheels and a hydraulic lift with acapacity to haul or tow another vehicle, commonly referred to as “rollbacks.”“Tow truck driver” means an individual operating a tow truck in the removal of a vehicle from privateproperty.“Trespass tow” means the act of removing by tow truck, a vehicle from privately-owned property inArlington County without the consent of the vehicle owner pursuant to a request for towing services made by theowner, operator, manager, lessee, or authorized agent in charge of private property, or pursuant to a contractbetween such person and a towing and recovery operator. The preparation of a vehicle for removal by a tow truckor the attachment of a vehicle to a tow truck, or both, does not, for the purposes of this chapter, constitute a trespasstow.“Vehicle” means every device in, on or by which any person or property is or may be transported or drawnon a highway.(Ord. No. 06-11, 7-8-06; Ord. No. 07-18, enacted 12-15-07; Ord. No. 09-15, 5-16-09)§ 14.3-3. Applicability.A.This chapter applies:1. to the towing, by a towing and recovery operator, of vehicles from privately-owned property within theCounty without the consent of the vehicle owner or driver,2. to the fees that are charged for such towing of vehicles, and3. to the fees that are charged for the storage and retrieval of such towed vehicles.B.This chapter does not apply to the towing of vehicles:1. the towing of vehicles from public streets and other locations that is performed pursuant to a contractwith the County, or to the storage of such vehicles, or.2. at the request of the vehicle owner, or3. at the request of a creditor for the repossession of the vehicle, or4. from a parcel used at the time of towing for one single-family residence or one two-family residence.(Ord. No. 06-11, 7-8-06; Ord. No. 07-18, enacted 12-15-07; Ord. No. 09-15, 5-16-09)§ 14.3-4. Compliance with State Licensing Requirements.All towing and recovery operators and all tow trucks engaged in business in the County shall comply withState licensing requirements imposed by State law, and shall provide evidence of such upon request by any14.3-2Code Updated 3-2014

ARLINGTON COUNTY CODETOWING & STORAGE OF VEHICLESrepresentative of the County authorized to enforce the provisions of this chapter.(Ord. No. 06-11, 7-8-06; Ord. No. 07-18, enacted 12-15-07; Ord. No. 09-15, 5-16-09)§ 14.3-54. Removal of Trespassing Vehicles. Requirements for Property From Which Vehicles are RemovedA.The owner, operator, or lessee, or authorized agent thereof, of any property, may have any vehicleoccupying the property without the permission of its owner, operator, lessee, or authorized agent thereof, removedby towing to a storage facility until reclaimed by the owner or his agent provided the provisions of this chapter arecomplied with, as well as the following;1.Signs shall be posted at all vehicle entrances to the property clearly, conspicuously, and legiblydisclosing that vehicles parked without permission will be towed. Such signs shall be posted sothat the locations on the property subject to towing shall be clearly identified. The signs shall meetthe following requirements and include the following information;a.each sign shall be not less than 12 X 18 inches;b.the lettering on each sign shall be as follows: “towing at owner’s expense” not less thanthree (3) inches in height; “24 hrs/7 days” not less than one (1) inch in height and placedjust above the tow truck symbol; the tow truck symbol, not less than two (2) inches inheight. Other l

Redman’s 5 0 Unknown 5 N/A _ _ 87 7 Types of Violations by Company Advanced Towed from valid spot 3 (Complainant was towed from a valid spot. Advanced admitted mistake and refunded) Signage 2 (Signs not meeting county requirements) Other 1 (Ownership of lot change