2010 Census Population Comparison State of Alaska U.S. National Population Population Population Anchorage Municipality (Unified City & Borough) 291,826 Matanuska-Susitna Borough (Home Rule Borough) 88,995 TOTAL 380,821 710,231 308,745,538 53.62%

Tales From the Last Frontier: “GOV-zilla Meets the Parking Fairies” “When Towing Becomes Predatory”

GOV-zilla Meets the Parking Fairies

Section 9. 34. 040 – Deposit of tokens or coins; time limits. A. 3 Section 9.34.040 – Deposit of tokens or coins; time limits. A.3. An electronic or mechanical timing device providing for paid parking on a prepayment basis is clearly visible; however, a vehicle with such a device may not park in a space for a longer period than the maximum time shown on the meter. (CAC 9.34.040; AO No. 78-72; AO No. 94-68(S), § 25, 8-11-94; AO No. 2009-6, § 3, 1-20-09; AO No. 2008-124(S), § 14, 5-26-09)

Section 21. 01 – Vehicle violation enforcement Section 21.01 – Vehicle violation enforcement. No enforcement of any vehicle violation, whether the vehicle is parked or in motion may be performed by the Municipality of Anchorage by any persons other than a regularly sworn police officer who meets the standards set forth in A.S. 18.65.290(5)(A) or (B). Such enforcement includes, but is not limited to, any and all civil or criminal statutes, codes, ordinances or regulations which apply to the regulation of vehicles and which currently exist or may exist in the future. (Prop. 3 of 4-15-97 election, effective 6-6-97, § 1)

Section 21.05. – Supremacy of municipal vehicle code enforcement standards. These municipal vehicle code enforcement standards shall supersede any and all Municipality of Anchorage laws, ordinances, administrative rules or judicial decisions and the like which are inconsistent with them. (Prop. 3 of 4-15-97 election, effective 6-6-97, § 5)

Section 21. 01 – Vehicle violation enforcement. (b) Section 21.01 – Vehicle violation enforcement. (b) The Municipality may, by ordinance only, delegate enforcement of parking violations to a municipal agency or municipal authority. The allowable delegation is limited to enforcement of parking violations on both sides of named streets within the area bounded by Ship Creek on the north, Gambell Street on the east, 10th Avenue on the south, and M Street on the west. (Prop. 10 of 4-05-11 election, effective

Downtown Anchorage Assembly Member Patrick Flynn’s deliberative instructions to the Anchorage Community Development Authority on the eve of passing the “downtown parking ordinance” – June 2011 “This legislation says it is about parking, but it’s not, not really. We are not hiring you to do parking enforcement; we are hiring you to improve the business climate in downtown Anchorage for visitors, vendors and other people who work downtown. That means providing good customer service; that means promoting alternative locations for parking like the garages you manage; like the parking surfaces you manage; and that means working with the community to educate them on all the good things that they can do to enjoy downtown without getting a parking ticket. So please take that away as your mission. This is about business development, not about parking enforcement. Thank you.”

The Anchorage Community Development Authority is authorized to enforce parking violations. This delegation is limited in both scope and area.

“Parking violations” does not include violations unrelated to parking, including expired license plates; expired license tags; studded tires; expired registration; or expired I/M certifications

As used in this section, the phrase “parking violations” includes violation of code or municipal regulations governing: 1.Expired or covered parking meters 2.Posted loading zones 3.Red zones 4.Closures for snow plowing or other permitted activities 5.Parking in fire zone or in front of a fire hydrant 6.Parking reserved for persons with disabilities; and 7.Improper parking.

Current municipal parking codes enforceable under the limited delegation shall be published electronically on the Anchorage Community Development Authority municipal website.

The delegation of enforcement of parking violations to the Anchorage Community Development Authority is for an initial period of three (3) years, subject to reauthorization. The delegation of enforcement shall come before the Assembly for review and renewal and shall terminate by operation of law on June 30, 2014 unless affirmatively continued by ordinance prior to expiration.

“Enforce” for purposes of this section does not include independent authority to boot a vehicle or impound a vehicle by seizure and removal under section 9.30.260. Booting or impoundment by seizure and removal by the Anchorage Community Development Authority shall only be at the direction of a police officer.

When Towing Becomes Predatory

What Is the Rule / Requirement ? What Did You Do? Where Is It Documented?

49 USC § 14501. Federal authority over INSTRASTATE transportation

Private Consensual Tows Price? No 49 USC §14501(c)(1) Routes/Zones? No 49 USC §14501(c)(1) & 49 USC §14501(c)(2)(A) Service Regulation? No Size, weight or hazmat cargo? Yes Safety? Yes 49 USC §14501(c)(1) & 49 USC §14501(c)(2)(A) Financial Responsibility/ Insurance? Yes 49 USC § 14501©(1) & 49 USC § 14501©(2)(A)

Rotational “Police Tows” Price? Routes/Zones? Service Regulation? Size, weight or hazmat cargo? Safety? Financial Responsibility / Insurance? Preempted?

Nonconsensual Tows Price? Yes 49 USC §14501(c)(2)(C) Routes/Zones? No Size, weight or hazmat cargo? Yes Service Regulation? -?- Safety? Yes Financial Responsibility/ Insurance ? Yes Require Written Authorization? YES 49 USC §14501(c)(5)

IMPOUNDMENTS Predatory Inadequate Signage No Written Authorization Failure to Uncouple a vehicle if owner returns Charges for “swearing” Refusing to Accept Payment by debit / credit card Excessive Rates (After-hours) Gate Fees Charging for Extra Days EXAMPLE: “No customer contact regarding impounds will be allowed during holidays, evenings, weekends or weekdays after 5pm. Customers must recover their vehicle or property during our normal business hours 7:30 am to 5:30 pm Monday – Friday.”

Description Of Services Offered: (check those that apply) Private Party Impounds Towing APD Rotation Tows Repossession On Site Releases

Provide The Following With Your Application: Proof Of Insurance As Required By Section 10.54.040 Proof Of State Vehicle Registration For Each Vehicle To Be Used Copy Of As-Built Of Impound Yard Copy Of Current Rate Sheet (Typed) Note: State of Alaska business license is required. State of Alaska Business License No. __________ Date Issued _____ Expiration date _____

H.R. 2010 – State and Local Predatory Towing Enforcement Act -- A BILL In the House of Representatives 111th Congress 1st Session April21, 2009 To amend title 49, United States Code, to allow States to regulate tow truck operations Section 14501(c)(2)(C) of title 49, United States Code, to read: (C) does not apply to the authority of a State or a political subdivision of a State to enact or enforce a law, regulation, or other provision relating to the regulation of tow truck operations performed without the prior consent or authorization of the owner or operator of the motor vehicle. Note: This Bill was introduced during the 111th Congress (2009-2010), and is no longer current.