File #: 21-1346    Version: 1
Type: Ordinance Status: Passed
File created: 10/12/2021 In control: City Council
On agenda: 10/19/2021 Final action: 10/19/2021
Title: Pass the ordinance repealing and replacing Title 11 (Motor Vehicles and Traffic), Chapter 5 (Motor Vehicle Tows) of the Naperville Municipal Code regarding motor vehicle tows
Attachments: 1. 2021 Tow Ordinance Repeal and Replace Final 101221
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
Pass the ordinance repealing and replacing Title 11 (Motor Vehicles and Traffic), Chapter 5 (Motor Vehicle Tows) of the Naperville Municipal Code regarding motor vehicle tows
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DEPARTMENT: Police Department

SUBMITTED BY: Jason Arres, Interim Police Chief and Kristen Foley, Senior Assistant City Attorney

BOARD/COMMISSION REVIEW:
N/A

BACKGROUND:
The Naperville Police Department (NPD) utilizes a list of approved companies to assist with the towing of vehicles after accidents, those associated with arrests, and due to violations of traffic laws. To be on the approved list, companies must meet the licensing requirements set forth in the Municipal Code regarding conduct and the maximum fee amount.

The ordinance is being repealed/replaced for the following reasons: changes in state law necessitated reciprocal changes in the Municipal Code; tow companies requested changes, including an increase in the fees they can charge; and NPD staff requested changes to clarify certain issues that have arisen over the years, including complaints from citizens.

Due to the amount of changes, the ordinance is being repealed and replaced in lieu of a text amendment.

Based upon feedback from the first reading, staff added gender neutral pronouns, the allowance of a credit card processing fee, and the ability for the police department to approve the usage of electronic tow invoices in the future.

DISCUSSION:
The proposed changes will improve clarity between the City and the tow companies will also provide citizens a better understanding of the rules, regulations, and fee structure.

The table below depicts the proposed changes.

Page(s)
Section
Description of the Change|1010|11-5A-1
Address tow recoveries from extreme situations, i.e..vehicles in lakes, rivers, ponds, pools, etc. These charges will be evaluated on a case by case basis.|1010|11-5A-1
Update Winching definition.|1010|11-5A-2
Update the maximum num...

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