Ordinance NO. ORD-18-26

BY THE COUNCIL   CORLESS, HALLYBURTON, MORALES, NASH, STEAD AND WILLITS.--

AN ORDINANCE AMENDING BOISE CITY CODE TITLE 3, CHAPTER 16, NONCONSENT TOWING SERVICES; AMENDING SECTION 3, SUBSECTION 2(M), AND SECTION 4, SUBSECTION 9 TO INCREASE FEES; AMENDING SECTION 7 TO UPDATE TOWING AND STORAGE FEES AND RATES; PROVIDING FOR A WAIVER OF THE READING RULES; APPROVING A SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the city of Boise City regulates non-consent towing services within Title 3, Chapter 16 of the Boise City Code (“B.C.C.”), which regulates both the process of conducting non-consent tows within Boise City as well as the fees and rates allowed; and,

WHEREAS, maintaining reliable nonconsent towing services is vital as it allows the city of Boise City, businesses throughout the city of Boise City, and the community to quickly and effectively tow vehicles when necessary and consent cannot be obtained; and,

WHEREAS, the current fees and rates enumerated within B.C.C. Title 3, Chapter 16 have not been increased since 2008; and,

WHEREAS, the City is amending Title 3, Chapter 16 of its Code to align fees allowed for non-consent tows throughout the community.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO:

   Section 1.   That existing Boise City Code Title 3, Chapter 16, Section 3, Subsection 2(M) shall be, and hereby is, amended to read as follows:

Acceptable Payment: Licensees shall accept major credit cards as well as cash for payment of any fee authorized by this chapter. A fourthree percent (43%) administrative fee may be charged when accepting payment by credit card.

Section 2.   That existing Boise City Code Title 3, Chapter 16, Section 4, Subsection 9 shall be, and hereby is, amended to read as follows:

A tow truck operator shall release a vehicle upon request of the owner or driver if the vehicle has not yet been removed from the tow location and the owner or driver can lawfully remove the vehicle from the location at that time. The tow truck operator shall not be permitted to require payment of the tow fee unless the vehicle has been attached to the tow truck and is in a position ready to be towed prior to the request for release. If the vehicle is not attached to the tow truck at the time of request for release, the tow truck operator may require a payment not to exceed seventy-fivefifty dollars ($750.00), plus mileage one way from the storage lot prior to releasing the vehicle; however, the tow truck operator shall allow for reasonable accommodations for the owner or driver to obtain the required fee before removing the vehicle from the location.

Section 3.   That existing Boise City Code Title 3, Chapter 16, Section 7 shall be, and hereby is, amended to read as follows:

The rates and fees outlined in this chapter are the maximum amounts that may be collected from an owner, or owner representative, of a vehicle towed without consent of the owner for the release of the vehicle. It shall be unlawful for anyone to collect a fee or fee amount for a nonconsent tow unless such fee and fee amount is specifically enumerated in this chapter. All licensees under this chapter must accept major credit cards as well as cash for any payment authorized under this chapter, provided a fourthree percent (43%) administrative fee may be charged when accepting payment by credit card.

Section 4.   That existing Boise City Code Title 3, Chapter 16, Section 7, Subsection 1 shall be, and hereby is, amended to read as follows:

 

Section 5.   That existing Boise City Code Title 3, Chapter 16, Section 7, Subsection 2 shall be, and hereby is, amended to read as follows:

Storage fees may not accrue past the date upon which the registered owner has mailed notice of intent to relinquish title to the appropriate government agency or for more than sixty (60) days.

 

Section 6.   That existing Boise City Code Title 3, Chapter 16, Section 7, Subsection 3 shall be, and hereby is, amended to read as follows:

The following are fees that are authorized in addition to the tow fee and storage fee otherwise applicable:

 

Section 7.   That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with.

Section 8.   That the Ordinance Summary as provided for in the attached Exhibit A is hereby adopted and approved for publication pursuant to Idaho Code § 50-901A.

   Section 9.   That this Ordinance shall be published by summary and in effect immediately upon its passage, approval, and publication.

ADOPTED by the Council of Boise City, Idaho, on May 19, 2026.

APPROVED by the Mayor of the Boise City, Idaho, on May 19, 2026.