Destination requirements.

Memphis Code of Ordinances § 6-88-11

in effect

Sec. 6-88-11. - Destination requirements. A. 1. A wrecker owner or operator shall tow the vehicle to any place designated by the owner or operator of such vehicle unless otherwise directed by the city police division. 2. The driver of the wrecker shall in all cases, before moving the vehicle to be towed, ask the owner or operator of such vehicle the place to which he/she desires the vehicle to be taken and shall transport such vehicle to such place upon the towing charges being paid or secured; otherwise, the vehicle shall be towed or transported to the wrecker operator's storage lot. B. In the event that the place to which the owner or operator of the towed vehicle desires that the vehicle be taken is not open for business or available to receive the vehicle, the owner or operator of the towed vehicle and the wrecker operator shall agree between themselves as to the procedure to be followed in towing the vehicle to an alternate location. C. Should the wrecker operator tow the vehicle to his own place of business for later delivery to the place designated by the owner or operator of the towed vehicle, towing and storage charges will be imposed in accordance with sections 6-88-6 and 6-88-7. The wrecker driver must inform the owner or operator of the towed vehicle regarding the rates to be charged, prior to towing the vehicle to the alternate location. D. In the event that the owner or operator of such vehicle is not available to designate the place to which such vehicle is to be taken, then the wrecker driver shall take such towed vehicle to his own place of business unless otherwise directed by the city police division. If the vehicle is taken to the wrecker driver's own place of business, the wrecker operator shall thereupon be responsible for the security of the vehicle and its contents. He shall also be responsible for contacting the owner of such vehicle within 48 hours to inform such owner that the vehicle is in his custody. E. In those instances which require the wrecker driver to make a second tow in order to deliver the vehicle from his place of business to the place designated by the owner or operator of the towed vehicle, such second tow shall be made within 36 hours of the request or designation. Failure of the wrecker operator to comply with such request or designation shall be deemed a violation of this chapter and subject to the penalties as provided in section 6-88-50. F. 1. No wrecker company shall tow a vehicle from public or private property under orders of one not the owner of the vehicle to a storage lot which is outside the geographic limits of the city. 2. All wrecker owners shall immediately upon connecting the vehicle to be towed take such vehicle directly to the licensed storage lot owned or operated by the wrecker owner located within the geographic lines of the city limits. Such towed vehicle shall not be dropped or left at any other lot or on any property without the consent of the owner for any period of time. No towed vehicle shall be stored on a public street. G. If the vehicle to be towed is involved in an accident and the owner or operator of the vehicle thereof is unable to give any instructions on his own behalf, the driver of the wrecker shall tow the wrecked vehicle to the wrecker service's storage lot and it will be presumed and considered prima facie evidence that the owner or operator of such wrecked vehicle consents to and desires that his vehicle be towed to such location. H. A towed vehicle shall not be stored more than a reasonable walking distance from the area where the towing and storage fee payments are received, however, this section shall not apply in instances where vehicle owners can pay online. I. The operator shall exercise reasonable care to keep towed vehicles and their contents secure at all times. J. Personal property in vehicles must be released in accordance with state law. K. Whenever a wrecker company is involved in towing and its storage lot is closed or has the gate locked, a conspicuous sign, no smaller than 36 inches by 36 inches with four-inch lettering, must be posted at the entrance of its storage lot which provides instructions and a local telephone number for obtaining the release of a vehicle when its lot is not open. Its local telephone number must be posted and shall be answered 24 hours a day. The local telephone number posted and the name of a representative of the wrecker company shall be registered with the permits office. A wrecker company which fails to keep current phone and company representative information posted and registered with the permits office shall not be able to charge a storage fee if such failure interferes with the return of a vehicle to the vehicle owner or designee. L. Any person operating a wrecker upon the streets of the city and maintaining a storage lot must maintain personnel with authority to accept payment and to release any impounded vehicle, on duty seven days a week. Such person must be available at 7:00 a.m. the morning after a vehicle is towed to release a vehicle upon the request of the owner. Vehicle access for the sole purposes of retrieving personal items shall be provided and personal items not needed for evidentiary reasons shall be released without charge to the vehicle owner or designee. Personal items are anything not physically attached or mounted to the towed vehicle. Such items include, but shall not be limited to, clothing articles, tools, CDs, personal items contained in glove boxes, trunks or consoles. M. The towing of any vehicle without the consent of the owner must be reported to the division of police services prior to the towing of the vehicle. N. If the owner or operator of a vehicle is not available and a wrecker has been summoned by a police officer as a result of a parking violation, an abandoned vehicle or is subject to towing pursuant to code enforcement, then the vehicle shall be towed to the wrecker company's storage lot or transported to the city impound lot if so directed by the Memphis Police Department. (Ord. No. 5133, § 1(part), 4-18-2006; Ord. No. 5414, § 1(41-11), 11-1-2011; Ord. No. 5868, § 1, 5-16-2023)

Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT6BULIRE_CH6-88WRTOOP_ART1INGE_S6-88-11DEREFetched: 10/28/2026