It shall be unlawful and a violation of this division for any tow truck operator to
impose or attempt to impose any charges not described in section 10.3-63 of this division, or to impose or attempt to impose charges in excess of the maximum
rates for nonconsensual towing services established by resolution. Any person who
violates this division shall be fined a civil penalty of five hundred dollars ($500.00)
for each violation and shall return the illegally imposed charges to the aggrieved
owner, lessee, or agent. In addition to the civil penalty set forth above, a repeat
violator with two (2) violations in any twelve-month period shall be removed from
the Polk County Sheriff's call out list for a period of sixty (60) days. A violator
with three (3) or more violations in any eighteen-month period shall be removed from
the Polk County Sheriff's call out list for a period of one year. In addition to the
foregoing, a tow truck operator who imposes or attempts to impose charges in violation
of this division or the resolution establishing maximum rates shall be liable to the
owner, lessee, or agent of the vehicle for damages equaling the amount the tow truck
operator imposed or attempted to impose, any damage to the vehicle resulting directly
or indirectly from the removal, transportation or storage of the vehicle, and the
court costs and attorneys fees incurred by the owner, lessee, or agent of the vehicle
in protecting their rights hereunder.
(Ord. No. 08-065, § 5, 12-3-08)
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