ORDINANCE AMENDING CHAPTER 10

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