By Susan Dickson
Staff Writer
CHAPEL HILL – Following a judge’s decision last week that the Town of Chapel Hill could not enforce its towing or cell phone ordinances, the Chapel Hill Town Council on Monday enacted a new towing ordinance, changing a provision that would have put it in conflict with the town’s cell phone ban.
However, the town is still unable to enforce the ordinance at this point. Last week, Durham Superior Court Judge Orlando Hudson granted a preliminary injunction preventing the town from enforcing either ordinance, saying he agreed with a challenge by George King of George’s Towing and Recovery on the grounds that the ordinances could cause King’s business irreparable harm.
The Town of Chapel Hill now has the opportunity to file a response to King’s complaint.
Thomas Stark, King’s attorney, argued that the provision in the towing ordinance requiring towing companies to answer calls to the number posted on towing signs would cause small towing companies whose phone number is that of the cell phone of the truck operator to be in violation of the cell phone ordinance by complying with the towing ordinance.
Stark said Tuesday that he didn’t believe the changes approved by the council resolved the issues with the ordinance, which he argued exceeds the scope of the enabling statute granted by the state. Moreover, Stark said, the enabling statute itself is unconstitutional on the grounds that it regulates commerce.
The cell phone ordinance, approved by the council in March, was to be enacted June 1. It would have prohibited the use of cell phones or any additional technology while operating a car in town, carrying a $25 fine for violation.
On Monday, the council voted 7-2 to enact a towing ordinance that would require towing companies to answer phone calls or return voicemails from vehicle owners within 15 minutes, instead of requiring that the phone call be answered as previously proposed.
Council member Matt Czajkowski said he did not want to vote to change the towing ordinance in order to accommodate the cell phone ordinance, which he opposed.
The council approved changes tightening the town’s towing ordinance in February, responding to concerns about predatory towing practices. The changes, which were to go into effect May 1, would have limited towing fees to $125 town-wide; would require towing companies to accept multiple forms of payment, including credit and debit cards; and require that one sign be posted at every third parking space and a sign be posted notifying drivers of video surveillance, in addition to signage previously required at the entrance to the lots.
Stark has also argued that the signage requirements would be a huge cost burden as well as unsightly. Matthew Sullivan, Chapel Hill Police legal advisor, said staff had heard from representatives of Village Plaza and University Mall who were concerned about the quantity of signs required in large parking lots, and council members said they would like to look at modifying the ordinance to consider different signage requirements for different types of lots.
Sullivan will return to the council with a modified ordinance on May 30.
Is there any limit to the lengths of Control that the pining authoritarians wish to impose? Here…wait 15 minutes….then call back…and hold your breath….pinch your nose and circle the median on MLK 3 times and hope the owner of the car you are towing has not gone into cardiac arrest over their missing car (law suit?).
Do the citizens of Chapel Hill understand that this Central Command mentality is being broadcast to the nation?
…And my Friends at the Chapel Hill/ Carrboro Chamber thought Amendment One was bad for business…
Please note: Similar Amendments are through out the Nation and have been in place for while, but the Authoritarian Control emanating from CH Town Counsel that seeks to regulate, tax and retool the private business model are also well know through out the Nation. This historical hostility to Business and freedom is on record and is a greater red flag to any prospective enterprise seeking to come to NC than Amendment One. This Nationally known trend hurts everyone in Orange County, not just Chapel Hill.
Chapel hill already ranks highest in taxes for 25 NC municipalities, and Orange ranks 5th in the state. We cannot expect to “sustain” a standard of living when Top Down Control deters investment in our community. We must temper the control mentality and soften the harsh edges that repel private investment in our municipalities and County and seek a level of SELF sustainability and equilibrium. (of course …this will be perceived and rebroadcast as an invitation to build an asphalt plant or “box store” on every corner. That would be a incorrect.)
Unfortunately, top down control is moving on to the Orange County Board where it will have even greater influence. This will provide one small window for the Citizens of Chapel Hill to elect some temperance to their Counsel and perhaps bring some balance to their governance. It would also send a signal to the Nation as a whole that the regulatory minefield in beautiful area of central NC is becoming safer to enterprise. Ideally this would lead to diversification of our tax base and much needed relief to the citizenry.
Chris Weaver
http://weaver4bocc.wordpress.com