Title
Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 21, Motor Vehicles and Traffic, Article VIII, Police-Requested Towing, Sections 21-213 and 21-215, to Amend the Rates that May be Charged for Police-Requested Towing
Purpose
PURPOSE/BACKGROUND:
The Towing Advisory Board was reestablished by Resolution 24-0288 on August 14, 2024, to review the City's ordinance that had not been amended since 2008. The Board has met and recommended changes to Council as presented during the October 14, 2026 City Council Work Session.
Impact:
This change to allowable tow rates for police-initiated tows will better align with state rates and other localities in the region to recognize the increased costs experienced by towing companies.
Recommendation:
Rec
Approve changes.
Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Sections 21-213 and 21-215 of Article VIII, Chapter 21 of the City Code of the City of Hampton, Virginia be amended to read as follows:
Chapter 21- MOTOR VEHICLES AND TRAFFIC
. . .
ARTICLE VIII. - POLICE-REQUESTED TOWING
. . .
Sec. 21-213. - Definitions.
Unless otherwise defined in this section, the following terms shall have the following meanings:
Day means a period of twenty-four (24) consecutive hours.
Person means a natural person, firm, partnership, association, corporation and bodies politic and their legal successors.
Police-requested tow means towing request made by a law-enforcement officer at the request of the owner or operator of an unattended, abandoned or immobile motor vehicle when no specific service provider is requested by such owner or operator.
Tow means the actual hooking up and attachment of the motor vehicle to be towed to the tow vehicle and subsequent relocation of the motor vehicle being towed.
Towing company means any person engaged in the business of towing vehicles.
Tow operator means any person operating a towing company or tow vehicle.
Tow vehicle means any motor vehicle designated or adapted to tow, haul or otherwise remove another motor vehicle.
Unusual recovery means the recovery of:
• Motor vehicles, which have driven completely or partially off a bridge or overpass.
• Motor vehicles stuck in mud or water.
• Motor vehicles requiring extrication from a tree, utility pole or other comparable object.
• Motor vehicles, which are on their sides or roofs and which require being righted.
. . .
Sec. 21-215. - Administration of tow list.
(a) The city manager or their designee shall maintain a list of tow operators who shall be called in sequence to provide services at the scene of accidents or traffic hazards or other such incidents. The list shall be utilized only in those cases where the owner or operator of a distressed motor vehicle does not, for any reason, provide the police officer in charge with the name of a tow operator available to perform the required services in a timely manner.
(b) The list of tow operators shall be maintained and administered by the city manager or their designee. The city manager or their designee may prescribe conditions for tow operators who apply to be included in the tow list, and they may also establish rules and regulations, which must be obeyed by tow operators who are listed. In promulgating such, rules and regulations, the city manager or their designee may address the following matters including but not limited to:
(1) Compliance with minimum safety standards.
(2) Ownership or possession of all equipment and facilities deemed necessary by the chief of police to provide essential services.
(3) Adherence to the fee schedule adopted by the city council as set forth below:
a. No hook up and initial towing fee shall exceed that which is established in Virginia Code § 46.2-1233.1.
b. If a call requires more than one (1) tow vehicle, the fee per tow vehicle shall not exceed the single tow vehicle fees set out herein.
c. No other additional services may be charged other than those listed below with the maximum amount which may be charged:
Unusual Recovery Fee $62.50 per ½ hour
Storage Fee $55.00 per day after 1st 24 hrs
Vehicle Title Processing Pursuant to Virginia Code Section 46.2-1202, et seq. Reasonable Fee (Documentation Required)
(4) Maintaining of a business office accessible to patrons during reasonable business hours.
(5) Access to the tow lot or vehicle storage area.
(6) Keeping accurate and complete records of all transactions governed by this section.
(7) Maintaining proper custody of towed vehicles and their contents.
(8) Insurance requirements, operator license and business license requirements.
(9) Suspension or removal from the tow list.