Community Safety Committee
Monday, June 14, 2010; 12:00 – 2:00 pm
Room 280
Committee Members:
Patrick Cannon, Chair
Patsy Kinsey, Vice Chair
Andy Dulin
Edwin Peacock
Staff Resource:
Eric D. Campbell
AGENDA
I.
Tethering (Chaining/Tying) of Canines
Staff Resource: Mark Balestra
The City’s Animal Care and Control staff will present the Committee with
proposed regulations and restrictions related to the tethering (chaining/tying) of
canines within the City of Charlotte. If desired, the Committee may forward a
recommendation to the full Council.
Attachment: 1. Draft Regulations and Restrictions.pdf
II.
Towing Ordinance
Staff Resources: Mark Newbold & Eddie Levins
The Committee will continue its review of the City’s towing ordinance and
CMPD’s towing enforcement strategies. No decision is requested at this meeting
Attachment: 2. Draft 2 & Summary.pdf
III.
Noise Ordinance
Staff Resources: Mac McCarley & Bob Hagemann
Staff will continue to review the current noise ordinance and facilitate Committee
discussion regarding community noise issues. No decisions or recommendations
are requested at this meeting.
Attachment: 3. Noise Ordinance.ppt
Next Scheduled Meeting: Thursday, September 16 at noon in Room 280
Distribution:
Mayor/City Council
Mac McCarley
Jon Hannan
Sgt. Pellicone
Curt Walton, City Manager
Stephanie Kelly
Mark Newbold
Leadership Team
Rodney Monroe
Mark Balestra
Sec. 3-3. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Adequate shelter means an enclosed area accessible by an animal, of sufficient
size and nature so as to provide the animal with reasonable protection from
adverse weather conditions.
Aggression-trained dog means any dog that has been trained or conditioned, to
any extent, to bite, attack or exhibit aggressive behavior towards humans or
other domestic animals for any purpose, including, but not limited to, the security
of business property or personal security.
Aggression-training facility means any person who schools, trains or conditions
canines to bite, attack or exhibit aggressive behavior towards humans or other
domestic animals for any purpose, including, but not limited to, the security of
business property or personal security.
Animal means every nonhuman, animate being that is endowed with the power
of voluntary motion, including, but not limited to, dogs, cats, livestock and other
mammals, birds, reptiles, amphibians and fish.
Animal control officers means persons properly appointed by the city to enforce
all sections of this chapter and applicable state laws and who are responsible for
discharging such other duties and functions as may be prescribed by the board
of commissioners and the city council as set forward by this chapter or any other
applicable ordinance or state law or pursuant to interlocal agreements cited in
section 3-2.
Bureau means the Charlotte-Mecklenburg Animal Control Bureau.
Bureau manager means the manager of the Charlotte-Mecklenburg Animal
Control Bureau. The bureau manager shall have all the powers conferred by
state law upon a county dog warden and by this chapter upon animal control
officers or by any other applicable ordinances.
Cat means a domestic feline of either sex.
City-sponsored event means any event generally open to the public that is
funded in whole or in part by, or endorsed by, the city.
Computation of time. In computing any period of time, any day which the bureau
is open shall be counted. This includes Saturdays, Sundays and legal holidays,
when applicable.
County dog warden means the manager of the animal control bureau, who shall
have all powers conferred by state law upon the county dog warden or by this
chapter upon animal control officers.
County rabies ordinance means the county ordinance for the control of rabies
and other zoonoses.
Dangerous means any animal whose behavior, temperament, size, or any
combination thereof, when considered under the totality of the circumstances,
including the nature of the surrounding area, constitutes a reasonable risk of
injuring a human or animal or damaging personal or real property. That behavior
includes, but is not limited to, an animal's biting or attacking or attempting to
attack a human or another animal. However, this definition shall not apply to any
animal that has been subject to provocation or if the victim has been trespassing,
as defined in this section, upon the animal owner's premises.
Dog means a domestic canine of either sex.
Domesticated means those species of animals that are indigenous to the county
and normally and customarily share human habitat in the county and are
normally dependent on humans for food and shelter in the county, such as, but
not limited to, dogs, cats, cattle, horses, swine, fowl, sheep and goats.
Equine means any horse, pony, mule, donkey or hinny.
Exotic or wild animal means an animal that would ordinarily be confined to a zoo;
one that would ordinarily be found in the wilderness of this or any other country;
one that is a species of animal not indigenous to the United States or to North
America; or one that otherwise is likely to cause a reasonable person to be
fearful of significant destruction of property or of bodily harm, and the latter
includes, but is not limited to, monkeys, raccoons, squirrels, ocelots, bobcats,
wolves, hybrid wolves, venomous reptiles, and other such animals. Such animals
are further defined as being those mammals or nonvenomous reptiles weighing
over 50 pounds at maturity, which are known at law as Ferae naturae. Exotic or
wild animals specifically do not include animals of a species customarily used in
the state as ordinary household pets, animals of a species customarily used in
the state as domestic farm animals, fish confined in an aquarium other than
piranha, birds, or insects.
Exposed to rabies means any animal or human bitten by or exposed to any
animal known or suspected to have been infected with rabies.
Guard dogs means dogs primarily kept for the purpose of protecting premises
from intruders or for the purpose of attacking a person coming in the vicinity of
the dog.
Harboring an animal. An animal shall be deemed to be harbored if it is fed or
sheltered 14 days or more, unless the animal is being boarded for a fee.
Health director means the director of the county health department.
Impounded means any animal that is received into custody by any employee of
the bureau.
Inoculation means the vaccination of a dog or cat with antirabic vaccine approved
by the United States Bureau of Animal Industry, the state department of
agriculture and the state board of health at such time as shall be required by
state law, the state board of health and/or the local health director bureau
manager, as defined in G.S. 106-364(2).
Livestock means all animals of a domesticated, agricultural nature, including, but
not limited to, equine animals, bovine animals, sheep, goats, llamas, and swine.
Neutered male means any male dog or cat which has been rendered sterile by a
surgical procedure (orchiectomy).
Owner means any person owning, keeping, having charge of sheltering, feeding,
harboring or taking care of any animal for 14 or more consecutive days, unless
the animal is boarded for a fee. If a commercial kennel is involved for breeding,
ownership shall be indicated by the kennel operator by showing the registration
of the animal in the name of the actual owner of the animal.
Pasture means an auxiliary fenced area with sufficient grass for grazing.
Premises means a definite portion of real estate, including land with its
appurtenances, a building or part of a building.
Provocation means any act done towards an animal that a reasonable person
would expect to irritate or enrage such an animal to the extent that the animal
would be likely to bite or attack, including, but not limited to, teasing, harassing,
beating, torturing, injuring, or intentionally causing pain to an animal. Provocation
does not include any actions on the part of an individual that pertain to
reasonable efforts of self-defense or defense of others.
Security dogs is synonymous with Guard dogs.
Shelter means any facility designated by the city for the purpose of sheltering any
animal lawfully impounded by the bureau.
Spayed female means a female dog or cat that has been rendered sterile by
surgical means (ovariohysterectomy).
Tether means a metal chain or coated metal cable used to restrain a dog.
Tethering refers to the practice of securing a dog to a stationary object by means
of a, metal chain, coated steel cable keeping the animal restrained. This does
not refer to periods when animals are being walked on a leash or for temporary
grooming or other professional services.
Trespass means the wrongful or legally unauthorized entrance onto or invasion
of the property of an animal owner or lawful possessor. has occurred. A child
under the age of seven shall not be deemed to be a trespasser.
(Code 1985, § 3-3)
Sec. 3-31. - Bureau.
(a)
Created; authority. The Charlotte-Mecklenburg Animal Care &
Control Bureau is a consolidated bureau created by the execution
of an interlocal agreement between the county and the city.
Pursuant to that agreement, the bureau is under the authority of the
city.
(b)
Duties of manager and officers. There shall be a bureau manager
of the bureau. The bureau manager and animal control officers
shall be charged with the responsibilities of the following:
(1)
Enforcing and carrying out the sections of this chapter and of
any other ordinance assigning animal control duties and of
all relevant state laws, except that the bureau manager and
animal control officers shall have no duties or responsibilities
whatsoever with respect to organizing and carrying out any
rabies vaccination clinics.
(2)
Making canvasses, including homes and businesses, for the
purpose of:
a.
Ascertaining that all dogs, cats and ferrets are
properly licensed, if required;
b.
Ascertaining that all dogs and cats are currently
vaccinated against rabies;
c.
Organizing and carrying out any such canvas having
sole and exclusive authority, control and responsibility
for such actions; and
d.
Ascertaining that sections of this chapter are being
followed.
(3)
Investigating complaints regarding animals.
(4)
Enforcing the laws with regard to the vaccination of dogs and
cats against rabies and enforcement of the county rabies
ordinance; investigating all reported animal bites or other
human physical contact of the suspected rabid animal,
enforcement of quarantine of any animal involved, and
submission of bite reports and reports of human contacts to
the health director. The county ordinance for the control of
rabies and other zoonoses declares that the health director
is responsible for county programs to monitor and control
rabies and other zoonotic diseases.
(5)
Supervising the animal shelter and bureau employees.
(6)
Protecting animals from neglect and abuse.
(c)
Uniform. Every employee of the bureau, while performing the
respective duties in subsection (b) of this section, shall wear any
required uniform and badge as determined by the bureau manager.
(d)
Weapons. The employees of the bureau shall not carry on their
person any firearms of any kind unless specifically authorized by
the bureau manager or his designee. However, employees of the
bureau may store at the animal shelter, or carry in bureau vehicles,
firearms, including tranquilizer guns, approved for use by the
bureau manager or his designee. Such firearms may be used when
necessary to enforce sections of this chapter or other applicable
laws for the control of wild, diseased or dangerous animals or for
public safety when the bureau manager deems the action
necessary. While acting with weapons in their official capacity,
employees of the bureau shall be exempt from any section of this
Code otherwise requiring permits or city council approval.
(Code 1985, § 3-7; Ord. No. 2840, § 1, 12-13-2004)
Sec. 3-62. - Abuse of animals.
(a)
Prohibited. It shall be unlawful if a person negligently or willfully:
(1)
Fails to provide adequate food and/or water for any animal he owns, possesses,
or harbors;
(2)
Overworks or overdrives any animal causing physical pain, suffering or death;
(3)
Beats, tortures, injures, torments, poisons or mutilates any animal causing
physical pain, suffering or death;
(4)
Fails to provide adequate medical attention for any sick, diseased or injured
animal he owns, possesses, or harbors;
(5)
Keeps any animal under unsanitary or inhumane conditions which are
detrimental to the animal's health and general welfare or fails to maintain a
condition of good order and cleanliness which reduces the probability of
transmission of disease;
(6)
Teases, molests, or in any way bothers or harasses any animal;
(7)
Sets any rabbit, hare, raccoon or other such animal loose for the purpose of
chasing, hunting or having a race thereafter;
(8)
Promotes, stages, holds, manages, conducts, carries on or attends any game,
exhibition, contest, fight or combat between one or more animals or between
animals and humans;
(9)
Fails to provide an adequate shelter for an animal he owns, possesses, harbors,
or encloses, wherein the animal can be protected from extremes of weather
(heat, cold, rain, etc.) and allowed to remain dry and comfortable during
inclement weather;
(10)
Conveys any type of animal in a motor vehicle or in a wagon or trailer pulled by a
motor vehicle or in a truck or the back of a truck without having such animal
reasonably secured so as to prevent the animal from leaping or being thrown
from the vehicle or in such a way as to cause pain, suffering, unreasonable
discomfort or death to the animal;
(11)
Places or confines an animal or allows an animal to be placed or confined in a
motor vehicle under such conditions or for such a period of time as to endanger
the health or well-being of such animal due to temperature, lack of food or drink,
or such other conditions as may reasonably be expected to cause suffering,
disability or death:
a.
After making a reasonable effort to find the driver of a vehicle in which
an animal is confined, an employee of the bureau, in the presence of a
police officer, may use the least intrusive means to break and enter the
vehicle if necessary to remove the animal where probable cause exists
to believe that the animal is in the vehicle in violation of this subsection.
b.
The officer removing the animal shall then impound it and leave in a
prominent place on the motor vehicle a written notice of the animal's
impoundment, a brief description of the animal, and where and when
the animal may be reclaimed. In addition, the officer may also use any
other enforcement method authorized by section 3-33.
c.
So long as an animal is within sight of an employee of the bureau or a
police officer, section 3-32 shall not be interpreted to require that any
warrant be obtained before removing the animal so long as such
removal is otherwise consistent with the United States Constitution.
(12)
Fails to provide sufficient shade, when sunlight is likely to cause overheating and
discomfort, to allow all animals kept outdoors to protect themselves from the
direct rays of the sun; or
(13)
Keeps animals outdoors without access to shelter to allow them to remain dry
and comfortable during inclement weather.
(14)
Outdoor kennels used for the primary purpose of restraining dogs shall not be
smaller than 10’ x 6’ and shall be kept in a state of repair to prevent injury. No
10’ x 10’ or smaller kennel shall have more than two dogs occupying the space
for permanent housing. Carriers, crates or other similar devices used for training
or temporary housing are only to be utilized indoors. This shall not apply to the
housing of dogs whose primary purpose is hunting activities.
(b)
Convictions. If a person has been criminally convicted twice of a violation of this section or
of G.S. 14-360, G.S. 14-361, G.S. 14-361.1, G.S. 14-362 or G.S. 14-363 and any two
such convictions have both occurred within the last five years preceding a request by such
person for an animal license or permit, the animal license or permit request shall be
refused. In that situation, the person shall be eligible to apply for an animal license permit
five years after the date of the last criminal conviction.
(c)
Euthanizing exception. Nothing in this section shall be construed to prohibit the bureau or
veterinarians from euthanizing dangerous, unwanted, injured or diseased animals in a
humane manner; nor to prohibit slaughterhouses or medical facilities from the proper,
humane and lawful carrying out of their activities or duties.
(d)
Pet shops. Animal control officers shall have the authority to conduct inspections of pet
stores, to the extent not preempted by state law, in order to determine if there is any
abuse of animals. Pet shops shall also be subject to the county ordinance for the control
of rabies and other zoonoses as administered and enforced by the county health
department. Abuse of animals shall include any act described in this section or any other
act that is detrimental to the well-being of the animal. It shall be unlawful for any pet store
employee or pet store owner to violate this section.
(Code 1985, § 3-15)
Section 3-71 Restraint of Animals
(a) Physical restraint. It shall be unlawful for any person owning or having possession, charge, custody or
control of any animal, excluding cats, to keep such animal on his own premises or off the premises, unless
such animal is under sufficient physical restraint, such as a leash, cage, bridle or similar effective device
which restrains and to control the animal, or within a vehicle or adequately contained by a fence on the
premises or other secure enclosure. If the physical restraint used is a leash, bridle, or other device requiring
a person to control the animal, the person using such restraint must be of sufficient age and physical size or
ability to reasonably restrain the animal. If the secure enclosure is an invisible fence system, then all
components of the system must be in working order and in proper place. Additionally, there must be a
visible, permanent sign on the premises stating that there is an invisible fence.
(b) Tethering. Dogs may be tethered to a stationary object only if conditions 1-9 are followed:
1.
A tethers must be equipped with a swivel on both ends.
2.
A Tethers must be a minimum of 10 feet in length and be made of either metal chain or
coated steel cable.
3.
Tethers must be attached to a collar or harness worn by the dog and under no
circumstances shall the tether be placed directly around the dog's neck. Tethers are never
to be used in conjunction with training collars such as choke or pinch-style collars.
4.
The weight of the tether must not exceed 10% of the total body weight of the dog but
should be of sufficient strength to prevent breakage.
5.
The tether by design and placement must allow the dog a reasonable and unobstructed
range of motion without the possibility of entanglement.
6.
The dog must be four (4) months of age or older to be tethered.
7.
Only one dog may be attached to a single tether.
8.
Pulley systems, running lines, and trolley systems cannot be used in conjunction with
training collars such as choke or pinch-style collars. The attached tether may not be
made of rope, twine, cord or similar material.
a. Pulley, running line or trolley systems should be at least 10 feet in length and no
more than seven feet above ground.
b. The attached tether should be no less than 10 foot in length.
9.
No tether shall be affixed to a stationary object which allows a dog to come within 5 feet of
any property line.
10. The Animal Care & Control Officer may have in their sole discretion the power to order
any resident a minimum tethering requirement when such a condition is found to be
detrimental to the health, safety and welfare of the dog.
11. Exemptions. Citizens residing in townhomes, apartments, condos or similar multi-family
housing units with lot sizes insufficient to meet the length and property lines requirements
specified in sections 2, 8 and 9 above, may only tether dogs for temporary exercise and
relief.
(b) (c) Adult with animal on premises. If a responsible adult is physically outdoors, and immediately
adjacent to the animal, on the land where the owner of the animal resides, and the animal is under
the person's direct control and is obedient to that person's commands, this section shall not apply
during the duration of the time the animal is in the company and under the control of that adult and
the animal is on the premises. An adult is defined as a person 18 years of age or older.
(c) (d) Public parks. It shall be unlawful for any person owning or having possession, charge,
custody, or control of any dog to take the dog into or allow the dog to enter any public park without
being at all times under the restraint of a leash, except while in designated off-leash areas, in
accordance with the rules and regulations pertaining to such off-leash areas. This subsection shall
not apply to the following:
(1) Parks that have been designated as leash-free parks by the governmental agency
responsible for the park.
(2) Guide and hearing-aid dogs that are in the company of blind or deaf persons or being
trained for such purposes.
(3) Dogs employed or hired by law enforcement agencies or by the governmental agency
responsible for the park to perform a governmental purpose within the park.
(Code 1985, § 3-26)
Counties and Cities with tether weight restrictions of 10% or no more than 1/8 of a
dog’s body weight is used
Holly Springs, NC
Catawba County, NC
Austin, TX
Kern City, CA
Orange County, FL
Bloomington, IN
Marion, IN
Dodge City, KA
Topeka, KA
Wichita, KA
Jefferson City, KY
Montgomery City, MD
Middletown, OH
Washington DC
Moundsville, WV
Linn, WI
Bowling Green, KY
Louisville, KY
Oak Ridge, TN
Summary of Major Changes to CSC Draft # 2
•
Added recitals that establish the need for the amendment.
•
Amended definition of motor vehicles to include all Class A, B, and C
vehicles as defined by G.S. 20-4.01
o Statewide method of classifying motor vehicle.
•
Amended 6 – 654 to expand fee cap to all class A, B, and C motor
vehicles.
o Sliding fee scale dependent on weight of vehicle
•
Amended 6-564 (b) to further clarify that no additional fees can be
charged for a non-consensual tow regulated by this Article.
•
Added 6-564 (e) requiring towing service or booting service must accept
cash or all major credit cards.
•
Amended 6- 565 and removed drop fee and further clarified that towing
service must drop vehicle free of charge if owner or operator asks prior to
vehicle leaving the property.
•
Amended 6- 565 (c) to require towing service and any storage facility to
accept cash and all major credit cards.
•
Added 6 – 565 (e) requiring that the lot or storage facility to which the
vehicle is towed must be located in the city limits.
ORDINANCE NUMBER: ___________
AMENDING CHAPTER 6
AN ORDINANCE AMENDING CHAPTER 6 OF THE CHARLOTTE CITY CODE
ENTITLED “BUSINESSES AND TRADES”
________________________________________________________________
WHEREAS, the City of Charlotte has a significant governmental interest in
protecting the health, safety, and welfare of the general public and preserving the
public order; and
WHEREAS, G.S. 160A-174 allows a city by ordinance to define, prohibit,
regulate, or abate acts, omissions, or conditions, detrimental to the health, safety,
or welfare of the public, and the peace and dignity of the city; and
WHEREAS, some practices related to the non-consensual towing of motor
vehicles from private property has resulted in the public and members of the
towing industry being exposed to harm; and
WHEREAS, the City Council desires to minimize and control the harmful
and adverse effects that occur during the non-consensual towing of motor
vehicles; and
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of
Charlotte, North Carolina, that:
Section 1. Chapter 6, Article XI “Businesses and Trades” of the Charlotte City
entitled “Towing and Booting Businesses” is amended to read as follows:
“ARTICLE XI. Towing and Booting Business
Sec. 6-561. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Motor Vehicle means a Class A, B, or C Motor Vehicle as defined in G.S. 20-4.01
Private parking lot means any parking lot or area owned by a private entity that
provides parking spaces for a fee or requires the permission of the owner, lessee
or agent before a person may park at that location. A private parking lot includes
vehicle parking spaces in an apartment complex.
Tow means to haul, carry, pull along, or otherwise transport or remove a motor
vehicle by means of another vehicle.
M Newbold 6/10/2010
Towing service includes any person or other entity, whether licensed or not, that
engages in or who owns or operates a business which engages, in whole or in
part, in the towing or removal of motor vehicles for compensation.
Trespass towing means the towing or removal of a motor vehicle, without the
consent of the motor vehicle's owner or operator, that is parked on a private
parking lot without the property owner or agent's consent.
Wheel Lock means a boot, wheel lock or any other device that is attached to a
vehicle that is designed to immobilize the vehicle.
Sec. 6-562. Towing of vehicles for compensation.
No towing service shall conduct a trespass tow of a Motor Vehicle from a private
parking lot for compensation when the point of origin of the tow is within the
jurisdictional limits of the city without complying with the provisions of this article.
Sec. 6-563. Trespass towing of vehicles from private parking lots; signs
required.
(a) It shall be unlawful to tow or remove or immobilize by use of any wheel lock or
other method, a vehicle that is parked on private property without the permission
of the owner or lessee of the motor vehicle unless notice is posted in accordance
with the provisions of this section on the private property from which the towing,
removal, or immobilization occurs. The notice shall meet the following
requirements:
(1) The notice must be in the form of a sign structure and not less than 24
inches by 24 inches and not larger than 6 square feet and constructed of
metal, plastic or other type of material that is enduring in nature. The
notice shall be prominently posted on the private property at each access
or curb cut allowing vehicle access to the property and within five feet of
the street right of way line. If there are no curb or access barriers, notices
shall be posted not less than every 50 feet of the frontage of the public
street. In the alternative, a sign not less than 12 inches by 18 inches in
size may be posted at each parking space from which an unauthorized
vehicle could be towed, removed, or immobilized.
(2) The notice shall clearly display the following:
a. In not less than one-and-one-half inch high letters on a
contrasting background, the words “tow-away-zone” or “towing
enforced.”
M Newbold 6/10/2010
b. In not less than one inch high letters on a contrasting
background, a statement that parking is never authorized by stating
“private property - no parking” or where parking is permitted under
limited circumstances, by stating “leased parking”, “parking for ---customers only”, “parking for residents only”, or a similar phrase
that specifically identifies the conditions under which someone may
park on the property.
c. If parking is not prohibited on a 24 hour continuous basis, then
the notice shall state the days of the week and the hours of the day
during which unauthorized parking is prohibited. The notice shall
also state the costs for the tow or booting of the vehicle.
(3) The sign displaying the required notices shall be permanently installed
with the bottom of the sign not less than 1 foot above ground level and not
more than 8 feet above ground level.
Sec. 6-564. Trespass towing of vehicles from private parking lots; fees
(a) It shall be unlawful to engage in trespass towing of motor vehicles except in
accordance with the following provisions:
(1) Fees
a. The fees for a completed trespass tow (the complete removal of
a motor vehicle from a private lot) for all motor vehicles as defined
by this ordinance shall be as follows:
1.
---------- or less for any Class A Vehicle
2.
---------- or less for any Class B Vehicle
3.
$120.00 or less for any Class C Vehicle
b. The fee for each tow shall be all inclusive. There shall not be any
additional fees assessed by the towing service for booting or for a
private parking violation. No additional fees may be charged for
using dollies, trailers, lifts, slim jims or any other equipment or
service.
c. The fee for storing a towed motor vehicle shall be $15.00 a day
and shall not begin for 24 hours from the time the motor vehicle
enters the lot.
d. The fee for booting a vehicle shall not exceed $50.00. A fee for
booting shall not be charged if a completed trespass tow has
occurred.
M Newbold 6/10/2010
e. A booting service must accept cash and all major credit and
debit cards.
Sec. 6-565. Trespass towing of vehicles from private parking lots;
Practices.
(a) Any tow service that has initiated a non consensual trespass tow by,
securing the motor vehicle to the tow truck by a hook, chain, cable or similar
device, but has not completely removed the trespass vehicle from the private lot,
shall upon the request of the vehicle owner or operator, release said vehicle
without a charge.
(b) Any tow service that is engaged in a trespass tow shall, upon request of the
owner or operator of the motor vehicle, permit the owner or operator access to
the trespass vehicle for the purpose of retrieving personal property from the
vehicle without paying a fee. If personal items are removed from the motor
vehicle by the towing service, then upon request those items will be returned to
the owner or operator at no cost.
(c) Any towing service that engages in a trespass tow or any storage facility that
receives motor vehicles that have been towed as a result of a non-consensual
tow from private property shall accept cash and all major credit and debit cards
for any fee established by this Article.
(d) Any tow service that engages in a trespass tow or any storage yard that
receives motor vehicles that have been towed as a result of a non-consensual
tow from private property shall have a person on call 24 hours every day who
acknowledges requests to retrieve a towed vehicle within 15 minutes of receiving
an inquiry from the owner or operator. If the owner or operator wishes to retrieve
the motor vehicle, then the tow service or storage facility must make the vehicle
available within 45 minutes.
(e) The lot or facility to which a trespass towed vehicle is removed shall be
located within the city limits of the City of Charlotte.
(f) No towing service shall remove a motor vehicle from a private lot unless the
owner or agent of the private lot signs a contemporaneous specific written
authorization for such removal which is presented to the driver of the towing
service. The written authorization shall contain the reason for the tow, the make,
model, year, color, vehicle identification (VIN) and license plate number. The
wrecker driver shall contact the non-emergency number for the CharlotteMecklenburg Police Department and provide the above information. The vehicle
will not be removed from the private lot until the driver has been advised of a
complaint number.
M Newbold 6/10/2010
Sec. 6-566. Interference with a towing service
(a) It shall be unlawful for anyone to obstruct or interfere with a towing service
that is carrying out a trespass tow on private property or a tow conducted
pursuant to a contract with the City of Charlotte except:
(1) When the owner or operator verbally requests the towing service to
release the motor vehicle pursuant to this Article; or
(2) When the owner or operator verbally requests the towing service to
release the motor vehicle pursuant to the provisions of a towing contract
with the City of Charlotte; or
(3) When the owner or operator verbally requests the towing service to
retrieve personal property from their motor vehicle.
Sec. 6-567. Penalty
Any person who violates a provision of this article shall be guilty of a
misdemeanor as provided by G. S. 14-4.
M Newbold 6/10/2010
6/11/2010
NOISE ENFORCEMENT
CMPD Perspective on
Noise Ordinance
• CMPD noise enforcement is complaint driven
• 14,155
14 155 noise-related
i
l t d calls
ll ffor service
i iin 2009
• Noise calls are lower priority
Community Safety Committee
June 14, 2010
POLICE RESOURCES
ENFORCEMENT ISSUES
• Current ordinance does not adequately address
Charlotte’s urban environment – Center City,
mixed use neighborhoods
• Ordinance provisions are “one size fits all”; make
no distinctions between residential areas,,
entertainment districts, industrial areas
• “Loud and disturbing noise” is very subjective
and open to individual interpretation
• Measurement of db levels in current ordinance
deals only with amplified sound
• All officers enforce the “loud and disturbing
noise” section of the ordinance
• Not all officers are trained to measure sound
• 16 noise meters – 1 per patrol division, 2 at
Headquarters, 1 at Animal Control
• 3 meters are police models
1
6/11/2010
ENFORCEMENT ISSUES
NOISE PERMITS
• Measurement is difficult due to ambient noise
levels which are not addressed in the ordinance
• Locations such as hotels/motels are not
considered residentially occupied, making it
difficult to address their noise concerns
• No definition of public entertainment venues and
no guidance on how to determine capacity of
those venues
• Location where measurement is taken
• Two types of permits:
– Public right-of-way
– All other locations
GENERAL PERMITTING ISSUES
PUBLIC RIGHT-OF-WAY PERMITS
• No authority to regulate permits
• No end time limitations on permits
• No
N requirement
i
t to
t define
d fi
exactt location
l
ti
for
f
permit
• Consistent permit application times
• Public right-of-way permits are generally for
protest and religious activity
• Need better definition of public right-of-way;
does it include city owned property? Public parks?
• Distance for multiple permits
• Currently no limit on amount of hours per year
for permits
2
6/11/2010
NOISE ORDINANCE
PERMITS AT ALL OTHER LOCATIONS
QUESTIONS?
Q
• Notification of permit; need specific process
• Limit
Li it on h
hours; iis limit
li it ffor calendar
l d year?
?
• Consistent amount of hours per year
NOISE ORDINANCE
CMPD Perspective on
Noise Ordinance
NEXT STEPS?
Community Safety Committee
June 14, 2010
3