Tow operators ask board to recommend updates to private-property towing ordinance; board schedules September follow-up

Mark Shackleford, owner of Shacklewood Towing and Recovery and vice president of the Tennessee Tow Association, told the Chattanooga Passenger Vehicle Record Board on Aug. 7 that recent changes in state law and upcoming reporting requirements will require updates to the city's private-property towing ordinance.

Shackleford said the ordinance is about 15 years old and contains antiquated provisions that do not match newly enacted state requirements that changed on July 1. He asked the board to recommend revisions to City Council and suggested the regulatory bureau or board staff coordinate with council or the city attorney to draft updates.

Board members responded that the board can hear concerns and make recommendations to City Council. The board agreed to add Shackleford’s request as a formal agenda item for the Sept. meeting so he and other tow operators can present organized materials. Shackleford said he would prepare a written presentation and submit it in advance to staff and the board so members could review it before the meeting.

Discussion touched on two technical points: the city ordinance includes an annual inflation-based rate increase each January (cited as Section 35-1-60 in the municipal code) that must be approved by City Council, and state law may preempt some municipal authority. A board member and counsel noted the city tries to track legislative changes and bring required changes to council, but there is not always a single automatic trigger for every change. Jonathan Easter, representing Nooga Taxi, described past experience when state rules governing transportation network companies (Uber, Lyft) effectively superseded local regulations.

Operators and commenters also discussed current tow-rate structures. Speakers said state maximum rates tend to be higher than county and city maximums; one commenter reported city maximum tow fees currently sit at $2.50 (as discussed in the meeting), while the state rates were described verbally as “2 75 and 300” (interpreted in the meeting as $2.75 and $3.00) though no official rate table was entered into the record. Inspector and board staff noted some towing-related charges (for winching, dollies, oil-dry cleanup and similar add-ons) are allowed under the current ordinance but are not used in every event.

No formal ordinance amendment or vote occurred at the Aug. 7 meeting. The board’s direction was procedural: schedule a dedicated September agenda item, accept a written presentation from Shackleford in advance, and seek information from City Council staff (Chris Anderson was mentioned as a contact) and the city attorney about the inflation index cited in the ordinance and whether prior scheduled increases were applied.

The board also acknowledged that the rate-increase matter has been pending discussion for about two years and that a clear response from council staff is still outstanding.

The board adjourned after scheduling the September follow-up and routine business.