[BoulderCouncilHotline] Re: Additional questions and requests re: Towing

[Carr, Thomas]

Mary,

Thanks for your questions.  I apologize for not responding sooner.  Here are my thoughts.

1. Residents reported tow trucks with headlights off trolling the parking lot in the middle of the night. Could this activity be conditioned/prohibited/limited?

This would be difficult.   This by definition is an activity on private property.  It would be problematic to tell a private property owner that he or she could not allow a tow truck on the property.  One way to address this would be to prohibit delegation of authority to the tow truck companies.  Property owners can now give the companies a delegation of authority so that tow truck driver can self-authorize the tow.  We could prohibit this practice.  This would require an actual authorization for each tow.  This could be considered a conflict with state law.  PUC rule 6508 specifically allows for such a delegation of authority.

2. Could the city require bilingual signage?

This could be viewed as a conflict with state law.  Rule 6508 requires that signs must be printed in English, although there is no prohibition on requiring signs in Spanish as a local requirement.  It does not prevent the operator from complying with both requirements.   I will draft an amendment for signs in English and Spanish.  We have heard concerns expressed about the cost of the signs.  Council might want to consider a phase in period as it has with other new costly compliance programs.  I will include an alternative.

3. Could we consider a local licensing requirement? Because of the limited number of companies currently operating within the city, could the licensing fee be set low with a high penalty for violation?

My short answer is that I see nothing preempting a local license.  This is a relatively heavy lift and do not feel comfortable drafting a new licensing requirement at this point.  If council wants to consider this, I would recommend putting it on the agenda for next year.  I would want to work with the city manager to determine the process and staffing requirements and to make sure that there is not a conflict with state law. 

4. If profit sharing between management company and towing company is alleged/suspected, who holds the burden of proof? Could language be added to the ordinance to address? 

This would be challenging.  We have made these administrative violations, so the burden of proof would be a preponderance of the evidence rather than beyond a reasonable doubt as required in criminal cases.  There could be due process considerations if we required a tow company to prove that it did not share fees.

5. Similarly to above, how would an investigation be initiated and who would conduct? Does the ordinance need language to facilitate an investigation? Could the city collaborate with DORA on this?

This is an administrative matter.  The city manager will decide which department has responsibility for enforcing the ordinance.  I do not see a need for ordinance language.  I would expect any city department to cooperate with DORA.


-----Original Message-----
From: Young, Mary 
Sent: Sunday, November 4, 2018 8:39 PM
To: Carr, Thomas <CarrT at bouldercolorado.gov>
Cc: HOTLINE <HOTLINE at bouldercolorado.gov>; anthony.cummings at state.co.us
Subject: Additional questions and requests re: Towing

Hi Tom,

I am following up on some previously posed questions that were not addressed in the second reading memo (additional elaboration on some):

1. Residents reported tow trucks with headlights off trolling the parking lot in the middle of the night. Could this activity be conditioned/prohibited/limited?

2. Could the city require require bilingual signage?

3. Could we consider a local licensing requirement? Because of the limited number of companies currently operating within the city, could the licensing fee be set low with a high penalty for violation?

4. If profit sharing between management company and towing company is alleged/suspected, who holds the burden of proof? Could language be added to the ordinance to address? 

5. Similarly to above, how would an investigation be initiated and who would conduct? Does the ordinance need language to facilitate an investigation? Could the city collaborate with DORA on this?

Where appropriate, would appreciate additional amendments available on the dais on Thursday. Thank you.

Best,

Mary Dolores Young
Boulder City Council
303-501-2439

“We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.” ~Martin Luther King Jr.