Board Hears About Towing Companies’ Ability To Charge Uncapped Fees On Private Property Tows

Board Hears About Towing Companies’ Ability To Charge Uncapped Fees On Private Property Tows



The city of Chattanooga’s recently revised ordinance governing the operation of towing businesses has apparently left some wide-open loop-holes in the amount towing companies can charge for private property tows, the Beer and Wrecker Board was told Thursday. In an instance brought before the board, it was discovered that if a company is contracted to tow cars off of privately owned property, they can add on uncapped “incidental” charges.



In the case of one young college student, who admittedly parked in the wrong spot, All About Towing Company charged $250 to reclaim his vehicle.



Popular local restaurant entrepreneur Johnny Hennen went before the board to inquire about the charges recently levied against his son. The young man, a student at the University of Tennessee at Chattanooga, had parked behind the Genghis Grill at 138 Market Street in a posted tow away zone. However, after having had a few drinks, he elected to leave his car there and stay over with a friend. Mr. Hennen told the board that his son realizes he had parked in the wrong place. However, he felt the charge for the tow was excessive in light of the latest changes to the city ordinance.



He was told by board chairman J. Frederick Weinhold that while the city ordinance does set basic rates for day and night tows, tow operators are allowed “uncapped” incidental charges related to after hours private property tows. While the bill from All About Towing, owned and operated by Carter Gross, reflected the total charge as $250, it did not break the bill down by applicable fees, as required by the ordinance, the board was told.



Mr. Gross was a vocal opponent of the ordinance changes that lowered the amount tow operators could charge their “customers.”



According to Mr. Weinhold, “The charges are set as $125 basic fee for daytime; $135 basic fee for nighttime plus a $50 winching fee for both times, plus any additional fees the operator deems appropriate.”



As put by board member Phillip Sallee, “So a towing operator could charge $800 or even a thousand dollars and we have no control over it?” Mr. Weinhold responded in the affirmative, saying “not by the way the city ordinance is written.”



“Our only jurisdiction is on district tows as authorized by the police department,” the chairman concluded. “There is no cap on night tows.”



Councilwoman Deborah Scott, who was in the audience, said afterwards that she did not vote in favor of the ordinance as it is currently written “and for the very reasons in evidence today.” She stated, “I have very real concerns over leaving fees uncapped on these incidental fees.”



Asked if she would bring this up at a future council meeting she replied that she was undecided at this point, but did say, “Those on the council who voted for the ordinance should be very aware of the problems caused to our residents and those visiting our city.”



Many on the Beer and Wrecker Board appeared to have problems with the way the ordinance is written, as well, and approached the councilwoman at the end of the meeting to address their concerns with her.



In other actions, the board approved beer licenses for Ribs and Blues LP, doing business as Sugar’s Ribs at 507 Broad Street; Applebee’s at 401 Market Street; Pizza ChaCha/Jitteaz at 863 McCallie Avenue; Cloud 9, LLC at 1101 Hixson Pike; Stop”N”Go Mini Market at 103 W. 38th Street; and, Mi Tierra (formerly Mi Tia’s) at 5813 Lee Highway, Suite #3.



Pedro Diego, appearing for the second time before the board, was again denied a permit based on his establishment not having passed a fire inspection. His application was passed until Oct. 7.



Others passed until that date were: several locations of the Dollar General Store (carry-out permits) and Starr-Heinsman, LLC at 825 Houston St.



Special events licenses were given to Chattanooga Presents for two events. The first is the Fourth Annual Three Sisters Festival on Oct. 1 & 2 at Ross’s Landing; the second is the first occurrence of the RiverRocks Festival, a 10-day event featuring outdoor activities with over 100 events scheduled to take place. Beer sales will occur on the last two days of the festival, Oct. 8 & 9.



Larry Don Cook, Jr., representing “Chickstock,” a fund-raiser for the North Chickamauga Creek Conservancy, was given a special event permit for Oct. 10. The event will occur at Greenway Farms, 5051 Gann Store Road.



Attorney Arvin Reingold, appearing for La Macarana of 2825 Rossville Blvd., on a violation of failing to purchase from a distributor and underage drinking, asked that it be passed until Oct. 7, which he was granted. Officer John Collins of the Chattanooga Police Department raised an objection to continuing the case as there were already two other cases the establishment had received suspensions for three days. One involved an incident with a minor.