Definition PPI Tower. Any tower duly registered and licensed under this PPI Code to perform private property impound tows within the City of Gresham. 9.75.030 PPI Tower’s License Required. (1) No tower shall tow or store vehicles towed from private parking facilities unless the tower has a PPI Tower’s License issued by the manager. (2) The manager shall issue a license when the application has been approved and the required insurance certificate has been submitted. (3) Application for a PPI Tower’s License shall be made annually to the manager. Licenses issued under this PPI Code shall run concurrently with the tower’s business license. The renewal date for the license shall be the same as for the tower’s business license and shall expire unless renewed.
PPI Tower’s License is not transferable
9.75.060 Towing Regulations. (1) A tower may tow a vehicle from a private parking facility only under the following circumstances: (a) the tower has been issued a current PPI Tower’s License; (b) the private parking facility complies with the signage requirements set forth in this PPI Code; (c) the vehicle shall be towed directly to the tower’s storage facility; (d) no person or persons occupy the vehicle; and
express written authorization has been issued to the PPI Tower by the private parking facility owner, or person in lawful possession of the property, in compliance with ORS 98.812 and ORS 98.830.
9.75.080 General Conditions. PPI Towers licensed under this PPI Code shall:
perform all PPI tows in a safe manner, taking care not to cause damage to the person or property of others while towing or storing a vehicle;
(2) practice courtesy and professionalism when dealing with police, Tow Desk, agency personnel, and persons redeeming or seeking to redeem a towed vehicle; (3) cooperate fully with any police agency to facilitate processing of any PPI towed vehicle identified as a possible stolen vehicle; (4) all tow trucks used to perform PPI tows shall be permanently identified on each side of the vehicle with tower’s name, city, state, and telephone clearly marked in letters not less than three inches high; and (5) prominently display at the vehicle release location a placard containing the current schedule of approved PPI rates, and keep a copy of the current schedule of approved PPI rates in the tow vehicle.
9.75.090 Towing Procedures. PPI Towers shall follow the following procedures when performing a PPI Tow: (1) Using a digital camera with time and date stamp, photograph the vehicle in the location left by the vehicle operator prior to attaching the equipment, and the parking facility signage, in order to demonstrate that the vehicle to be towed is in violation of the private parking facility regulations. (2) In the event a vehicle owner or operator returns to the area where the vehicle is parked when the hookup is complete and the tow truck has begun towing the motor vehicle by engaging the tow truck's transmission and moving forward, the PPI Tower must immediately discontinue the towing of the vehicle. The PPI Tower may charge a RAS fee in accordance with GRC 9.75.100.
Tow Desk Notification: RAS or no fee. The PPI Tower must notify the Tow Desk within 15 minutes of a RAS fee being collected or after a vehicle was released without a fee.
(4) Tow Desk Notification: Towed Vehicle. The PPI Tower must notify the Tow Desk within 15 minutes after the PPI Tower takes possession of a vehicle by providing the details of the tow including: 1) the location of the tow, 2) the color, model, make and license plate of the vehicle towed, 3) and the vehicle's VIN number. (5) The PPI Tower must have staff or dispatch service available at all times to provide information about the location of a towed vehicle and/or instructions for release of a towed vehicle. (6) The PPI Tower must offer to call for or provide transportation to the vehicle owner/operator from within the immediate vicinity of the tow scene to the location of the towed vehicle storage and otherwise comply with ORS 822.230(3)(d). (7) The PPI Tower must have personnel available at the storage facility to release a vehicle within 30 minutes after receiving a request for vehicle release. (8) The PPI Tower must accept at least the following methods of payment for any fees or rates assessed: (a) Cash. Adequate cash must be available at all times at the storage facility and with the tow drivers for the purpose of making change; or (b) Credit Card. Any valid credit card or debit card bearing the VISA or Mastercard emblem and issued in the name of the registered vehicle owner/owner's agent must be accepted. (9) The PPI Tower shall only release the vehicle to the registered or legal vehicle owner, or owner's agent. The PPI Tower shall require the person seeking release to submit proof of ownership, vehicle title, or registration in addition to valid photo-identification.
The PPI Tower must issue to the vehicle owner/owner's agent a clearly legible receipt complete with all required information, and with all fees and considerations itemized.
(11) Tow Desk Notification: Release of Vehicle. The PPI Tower must notify the Tow Desk within eight hours after the release of a vehicle to the registered vehicle owner/owner's agent, acceptance of a vehicle title in lieu of payment, or foreclosure of a possessory lien by providing the Tow Desk the vehicle’s VIN number and the action taken.
The PPI Tower must exercise reasonable care for the welfare of any animal found to be in a PPI towed vehicle, and in the event a vehicle has not been redeemed within two hours after it reaches the PPI Tower’s storage lot, call local Animal Control authority to make a custody arrangements and document the location to which the animal is taken.
9.75.100 Prohibitions. (1) PPI Towers registered under this PPI Code shall not: (a) charge any fee not listed in, or in excess of, those included in the fee and rate schedule established by city council; (b) require any vehicle owner/owner's agent to make any statement or sign any document promising not to dispute validity of the tow or fees assessed, or relieving the PPI Tower from responsibility for the condition of the vehicle or its contents; (c) solicit PPI towing business by means of payment of a gratuity, commission or any other consideration to the private property owner, operator, manager or employee; (d) remove a vehicle from a private parking facility unless the hookup has been completed and all safety equipment has been attached;
use predatory practices, such as parking within 1,000 feet of, or post a monitor at, a private parking facility for the purpose of covert observation in order to obtain PPI tows, unless:
(i) the monitor provides a verbal warning to persons leaving their cars; or (ii) signs are posted clearly warning that the lot has on-site monitoring and the hours during which monitoring occurs. (f) assess or collect a surcharge fee in lieu of towing; or
make any false statements of material fact, misrepresent information in any document or omit disclosure of material fact in performance of activities regulated by this PPI Code.
9.75.110 Release At Scene (RAS). (1) In the event a vehicle owner/ owner’s agent returns to the where the vehicle was parked before the PPI Tower has left the area, the PPI Tower may collect a RAS fee if the following conditions have been satisfied: (a) the hook up of equipment to the vehicle to be towed is complete, including the hook up of safety equipment; and (b) the tow truck’s transmission is engaged and it has commenced driving forward. (2) The RAS fee shall be the fee established by council resolution. (3) Under the conditions of subsection (1), above, the PPI Tower must immediately halt the tow and inform the vehicle owner of the amount of the RAS fee. The vehicle owner/owner’s agent or operator has 15 minutes to pay the RAS fee. If the vehicle owner/owner’s agent or operator fails to make payment within 15 minutes, the PPI Tower may proceed to tow the vehicle to the storage facility.
In the event that a vehicle owner or operator returns to the vehicle while the PPI Tower is still attaching equipment to the vehicle or is outside of the tow truck, the PPI Tower shall release the vehicle to the vehicle owner or operator at no charge.
9.75.120 Signage Requirements. (1) No PPI Tower shall tow a vehicle from a private parking facility unless the facility meets the following signage requirements: (a) At least one sign must be posted and clearly legible by an operator of a motor vehicle at each entry or driveway into the parking lot and not more than 10 feet from the public right-of-way or lot line. (b) Each required sign shall comply with the below specifications: (i) posted so that the center of the sign is not more than eight feet and not less than four feet above the ground; (ii) be at least 18” x 24” in size; (iii)state that parking is prohibited, reserved, or otherwise restricted; (iv) state who is authorized to park in the spaces, the permitted hours, and any other restrictions; (v) state the towing and storage of a vehicle in violation of the rules shall be at the owner’s expense; and (vi) clearly display the PPI Tower’s name and 24-hour telephone contact number to obtain a release of a vehicle.
A tower or private parking facility owner may request an exception to the rules for signage requirements. Such request must be made in writing to the manager, describing why the sign requirements cannot be met and proposing analternative posting scheme for approval.
9.75.150 Enforcement. (1) A violation of any section of this PPI Code may be subject to a fine or penalty in the maximum amount of $500.00. Each day a violation occurs or continues is a separate offense. (2) Upon a finding of a violation of any section of this PPI Code by a PPI Tower, the manager or a hearings officer may direct release of a vehicle at no charge, or a refund of all or part of fees paid by a vehicle owner/owner's agent for towing and storage, in lieu of, or in addition to, civil penalties or other remedies under the code. (3) Nothing in this section is intended to prevent any person from pursuing private legal remedies. (4) In addition to any other provisions of this PPI Code, violation of any provisions of this PPI Code may result in denial, suspension or revocation of the license as set forth in GRC Article 9.99. (5) Additional remedies for enforcement of a violation of this PPI Code are set forth in GRC Article 7.50.