ORDINANCE AMENDING CHAPTER 10 – BUSINESS REGULATIONS – OF THE CODE OF ORDINANCES REGARDING TOWING SERVICE WHEREAS, the Town has established regulations for vehicle towing services in order to protect the health, safety, and welfare of the residents and the visitors of the Town, and Nice Matters! WHEREAS, the Town’s ordinance currently requires all towed vehicles to be stored at an authorized location with the Emerald Isle town limits or within 15 driving miles of the town limits, and Town of Emerald Isle 7500 Emerald Drive Emerald Isle, NC 28594 WHEREAS, the Town’s ordinance also requires the posting of signs to alert individuals that the vehicle may be towed from private property, and 252-354-3424 voice 252-354-5068 fax WHEREAS, businesses in Emerald Isle have had difficulty securing vehicle towing services that meet the requirements in the Town’s ordinance, and www.emeraldisle-nc.org WHEREAS the Town seeks to amend the ordinance in order to enable more towing service companies to provide services in Emerald Isle, Mayor Eddie Barber NOW, THEREFORE, BE IT RESOLVED by the Emerald Isle Board of Commissioners that 1. The following sections of Chapter 10 - Business Regulations, Article II – Towing Services of the Code of Ordinances are hereby amended to read as follows: Sec. 10-28. - Signage requirements before towing may occur. A business or individual that intends to engage in the towing of unauthorized vehicles from a parking area shall post signs at each ingress and egress to the parking area. Additionally, one sign for each ten (10) parking spaces shall be posted within the parking area. Said signage shall be at least two (2) feet by two (2) feet three (3) square feet in size, and shall include the following information: Mayor Pro-Tem Floyd Messer, Jr. Board of Commissioners Candace Dooley Steve Finch Jim Normile Maripat Wright (1) Clear language that the parking area is for customers of the business only, and that violators will be towed at the vehicle owner's risk and expense, (2) The maximum amount of the fee that will be charged to the vehicle owner to recover the vehicle, Town Manager Frank A. Rush, Jr. [email protected] (3) The phone number to contact the towing service company, and (4) The location where the towed vehicle is temporarily stored. Sec. 10-29. - Towed vehicle storage location. Towed vehicles shall be temporarily stored at a location within the corporate limits or within fifteen (15) twenty (20) driving miles of the corporate limits. Said storage location shall be secured and lighted, and shall include a sign indicating the name of the towing services company. Said storage location shall be owned by, leased to, or otherwise approved by the owner for use by the towing services company. Failure to document authority to utilize the storage location may result in the refusal to issue or the revocation of all operator's permits associated with the towing services company. 2. The Town Clerk is authorized to amend the sections as set forth above. 3. This ordinance shall become effective immediately upon its adoption. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Adopted this the _________ day of ____________________, 2017, by a vote of Commissioner(s) ________________________________________________voting for, Commissioner(s) ________________________________________________ voting against, and Commissioner(s) _________________________________________ absent. ATTEST: _____________________________ Rhonda Ferebee, Town Clerk _________________________ Eddie Barber, Mayor
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