ORDINANCE NO._______, SERIES 2026
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AN ORDINANCE AMENDING THE LOUISVILLE METRO CODE OF ORDINANCE CHAPTERS 97 AND 115 TO EXPAND AND ENHANCE THE ABILITY OF THE LOUISVILLE METRO GOVERNMENT TO ENSURE THE SAFETY AND CLEANLINESS OF ROADWAYS.
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SPONSORED BY: COUNCIL MEMBERS BAST, RAYMOND, AND WINKLER
WHEREAS, Keep America Beautiful’s 2026 National Litter Study found litter from tires, tire treads, and vehicle debris to have increased by 36%;
WHEREAS, vehicle debris is one of the top five types of litter reported to 311 in the Louisville Metro area;
WHEREAS, AAA’s Foundation for Traffic Safety identifies road debrief as a significant threat to traffic safety and recommends national and state agencies should implement countermeasures, such as standardized crash documentation, prioritized debris removal, and consistent enforcement of laws regarding load securement; and
WHEREAS, Louisville Metro Government intends that Louisville Metro-employed and Louisville Metro-contracted tow operators comply with the same crash-scene cleanup requirements applicable to private tow operators and will establish standard operating procedures to promote such compliance.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:
SECTION I: Section 97.074 of the Louisville Metro Code of Ordinances (“LMCO”) is hereby amended as follows:
§ 97.074 VEHICULAR OBSTRUCTIONS.
(A) It shall be unlawful for any person to leave any vehicle or any other thing that may be a nuisance, obstruction, or hindrance in or on any street, alley, or sidewalk within Louisville Metro, either during the day or night.
(B) It shall be unlawful for any person to place or maintain any vehicle of any kind on or over any sidewalk or any part of any sidewalk.
(C) It shall be unlawful to remove any wrecked vehicle without removing broken glass or debris from the roadway. If a vehicle is not towed from the scene of a motor vehicle crash, each owner or operator having control of the vehicle at the scene shall make reasonable efforts, before leaving the scene, to remove all vehicle parts, debris, and broken glass associated with that vehicle from the roadway and surrounding area.
(D) It shall be unlawful for any automobile repair shop, tire shop, accessory store, filling station, or any other establishment to use any part of any street, sidewalk, or the right-of-way for the storage, repair, adjustment, or equipment of vehicles and accessories therefor.
SECTION II: Chapter 115 of the LMCO is hereby amended as follows:
§ 115.450 DEFINITIONS.
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(A) CODE ENFORCEMENT OFFICER. A Louisville Metro police officer, safety officer, citation officer, or other public law enforcement officer with the legal authority to issue a citation. For purposes of this Chapter, a citation officer is an employee of Metro Government, who has been charged by Metro Government with the authority to issue citations for violations of this chapter. This shall include duly-sworn members of the Department of Planning and Design Services, Department of Public Works, Department of Alcohol Beverage Control, and the Department of Codes and Regulations.
(B) DEBRIS. Means any vehicle part, cargo, material, substance or other object left found on or near a roadway as a result of a motor vehicle collision.
(C) (A) DEPARTMENT. The Louisville Metro Department of Codes and Regulations.
(D) (J) IMMOBILIZE. The act of rendering a vehicle incapable of moving by any means including but not limited to attaching a device to the wheels or physically blocking the vehicle to prevent its movement.
(E) (D) MEDIUM DUTY VEHICLE. A motor vehicle with a GVWR of 10,001 pounds or more, which is capable of transporting one or more persons. This shall include the tractor portion of a tractor trailer when no trailer is attached.
(F) (B) MOTOR VEHICLE. Every device in, on, or by which any person or property is or may be transported or drawn on any street, except devices moved by human power or used exclusively on stationary rails or tracks.
(G) (H) PRIVATE PARKING LOT. A parking lot wherein vehicles are parked or stored for hire, or a parking lot provided by a business wherein customers are allowed to park. Private parking lot shall include a parking area or lot associated with a building used for residential purposes.
(H) (G) PRIVATE PROPERTY IMPOUND. The act of towing and/or removing and/or immobilizing a motor vehicle parked on or in a private parking lot without the consent of the vehicle owner and at the lawful direction of a person having control or possession of the private parking lot upon or in which the motor vehicle was located.
(I) (F) PRIVATE TOW OPERATOR. Any person or entity engaged in any business of privately impounding vehicles and/or towing vehicles, including but not limited to any corporation, partnership, LLC, and sole proprietorship.
(J) REASONABLE EFFORTS. Means efforts that can be performed without creating an unreasonable risk of injury to any person or damage to property, taking into consideration all circumstances including traffic conditions, weather, roadway hazards, and the equipment reasonably available at the scene.
(K) (C) STANDARD VEHICLE. A motor vehicle with a gross vehicle weight rating (GVWR) of 10,000 pounds or less, which is capable of transporting one or more persons.
(L) (I) STORAGE YARD. Any property used by a private tow operator upon which vehicles that have been privately impounded from a private parking lot are stored.
(M) (K) TOW or REMOVE. The act of attaching, lifting, pulling, or dragging any vehicle behind the wrecker or tow truck which is doing such attaching, lifting, pulling, or dragging, or positioning a wrecker or tow truck or other object to tow, remove, or otherwise impede or restrict the free movement of a vehicle, Said towed vehicle can be self-supporting, carried on a dolly-type platform, or be supported on any other item necessary to facilitate such towing. This subchapter does not necessarily require the removal of a vehicle from the private parking lot to be considered "towed" or "removed."
(N) (E) TRACTOR TRAILER VEHICLE. A combination of a tractor with a semi-trailer attached to the tractor.
§ 115.451 LICENSURE REQUIREMENTS; FEES.
(A) No private tow operator shall privately impound any motor vehicle or offer to provide such services unless the private tow operator possesses a valid license issued in accordance with this section.
(B) Application and fee.
(1) Application for licensing as a registered private tow operator shall be made on forms furnished by the Department, shall be signed by the applicant or an authorized agent, and shall include the following information:
(a) The name and physical address of the person, firm, partnership, association, or corporation under whose name the business is to be conducted;
(b) The names and physical addresses of all persons having an interest in the business, or if the owner is a corporation, the names and addresses of the officers of the corporation;
(c) The full physical address of each storage yard where vehicles may be stored;
(d) The physical address of the business location where the files of the private tow service operation are kept;
(e) The full name and physical address of each person who, either as an owner, employee, or an independent contractor, operates a tow truck on behalf of the business;
(f) A fee schedule which states the fee that is charged for private parking lot towing services, the fee that is charged for the storage of a vehicle, and any other charges which may be incidental to a private parking lot impoundment, which fees may not exceed any fees prescribed by this subchapter;
(g) Name of current liability insurance carrier and policy number; any information regarding change in coverage during a license term must be provided to the Department ten days prior to the effective date of such new coverage; and
(h) A list of all private property from which applicant is authorized to tow vehicles, such list to be kept current and up to date within ten days of any change during the entire term of the license.
(2) Any lapse in liability insurance coverage shall be grounds for suspension or revocation of the license.
(C) All vehicles used in the operation of a licensed private tow operator are to be properly identified and such identification shall be visible on the outside of the vehicle at all times. The vehicle shall bear the name and license number of the licensed private tow operator. All such identification shall be in letters not smaller than three inches high and must be kept legible at all times.
(D) License non-transferrable. A license issued under this section is not transferable.
(E) Fees. Simultaneously with the submission of the initial license application, the applicant shall pay to the Department a nonrefundable application fee of $25. When the license is issued, the private tow operator shall pay to the Department an annual license fee of $200, which fee is due and payable upon the issuance of a license and on or before January 1 of each year thereafter.
(F) Renewals. Each license shall expire on December 31 of each year, unless earlier suspended or revoked. A license may be renewed by making a renewal application and payment of the annual license fee prescribed in subsection (D). Application for renewal shall be made at least 30 days prior to the expiration date.
(G) Liability. The private tow operator holding the license shall ultimately be responsible for all actions of the operator and all agents and employees thereof related to the towing or removal of motor vehicles.
§ 115.452 LICENSE SUSPENSION OR REVOCATION.
(A) A license issued pursuant to this chapter may be suspended or revoked by the Director of the Department of Codes and Regulation subject to appeal pursuant to § 32.286. A license may be suspended or revoked for the following reasons:
(1) Fraud, misrepresentation, or false statement contained in the application for a license.
(2) Fraud, misrepresentation, or false statement made in connection with the business of acting as a private tow truck operator, including but not limited to any violations of § 115.453.
(3) Failure to pay any fines or penalties for violations of this ordinance.
(4) Any facts of conditions which would justify the denial of the original application.
(B) This section shall be self-executing and the suspension or revocation shall be effective immediately upon a citation becoming final pursuant to § 32.283(F) or the issuance of a final order under § 32.284(C) or (F). The Director of the Department of Codes and Regulation shall give notice of the suspension or revocation of the license and sufficient notice shall be given if either hand-delivered or mailed to the licensee at his/her local address as listed on the licensee's application.
(C) It is unlawful for any person whose license has been suspended or revoked to continue in the business of a private tow truck operator to keep the license issued to him/her in his/her possession and control, and the same shall immediately be surrendered to the Director of the Department of Codes and Regulations or his/her designee.
§ 115.453 REMOVAL OF VEHICLES FROM PRIVATE PARKING LOTS BY PRIVATE TOW OPERATORS; FEE LIMITS.
(A) Where a private tow operator lawfully tows or removes a motor vehicle:
(1) Parked in a private parking lot in a manner inconsistent with posted instructions; and
(2) Pursuant to a contract between the owner of the private parking lot and the tow operator for the removal of any such improperly parked motor vehicles; and
(3) With the express approval required under § 115.453 of this subchapter, the private tow operator may collect the following charges from the owner or lienholder of the motor vehicle, payable before the vehicle is released:
(a) Charges for a standard vehicle: up to but not more than $138 for removal and the first 24 hours of storage, and up to but not more than $25 per calendar day for storage thereafter. In addition to the towing charges, private tow operators may charge an additional fee up to $27 per vehicle for a vehicle transported by a dolly type platform. Dolly fees shall not be allowed if a dolly is not needed to tow the vehicle.
(b) Charges for a medium duty vehicle: up to but not more than $280 for removal and the first 24 hours of storage, and up to but not more than $50 per calendar day for storage thereafter.
(c) Charges for a tractor trailer vehicle: up to but not more than $500 for removal and the first 24 hours of storage, and up to but not more than $100 per calendar day for storage thereafter.
(d) A private tow operator may not charge a calendar day for storage for days that the private tow operator or the storage facility to which the private tow operator has taken the motor vehicle is not open for the motor vehicle to be released.
(B) A private tow operator may not charge any fees beyond those set forth in subsection (A) of this section to release a motor vehicle properly impounded from a private parking lot.
(C) (1) If the private impound tow truck operator has lawfully fully hooked up and physically raised the vehicle to normal transportation height in accordance with the requirements and provisions of this ordinance, but has not yet towed or removed the motor vehicle from the private parking lot before the vehicle operator returns to the vehicle, then the private tow operator may charge one-half of the fee authorized by subsection (A)(3) of this section to release the motor vehicle.
(2) Private tow operators shall not hook up occupied motor vehicles. Any occupied motor vehicle that has been hooked up shall be immediately lowered and released. If the motor vehicle was improperly parked and the private tow operator was lawfully authorized to remove the motor vehicle pursuant to this ordinance, then the private tow operator shall be entitled to collect one-half of the fee authorized by subsection (A)(3) of this section.
(D) A private tow operator shall not move any motor vehicle to any intermediate place of storage, or to any location other than to the registered secure storage yard of a private impound tow truck service, unless specifically requested by the owner or custodian of said vehicle.
§ 115.454 SIGNS ON PARKING LOTS REQUIRED BEFORE VEHICLES MAY BE TOWED.
Owners or operators of private parking lots, with marked parking spaces, who have a contract with a tow operator as described in § 115.451 shall not tow or cause to be towed from such private parking lot any vehicle unless such owner or operator has conspicuously posted and maintained at such private parking lot signs near the entrance and exit, in clear view by a driver seated in a vehicle and free from interference from natural or man-made objects Signs must contain the following information:
(A) That the parking lot is privately owned;
(B) That unauthorized vehicles are subject to tow;
(C) The hours vehicles are prohibited from parking and subject to tow;
(D) Name, physical address, and telephone number of the tow operator; and
(E) Tow and storage fees of the tow operator.
§ 115.455 PARKING LOT OWNER'S AUTHORIZATION FOR TOWING REQUIRED.
(A) No private tow operator shall remove a vehicle from a private parking lot unless the owner of the private parking lot, or said owner's authorized agent, signs a contemporaneous specific written authorization for such removal. The written authorization shall include the following:
(1) The make and model of the vehicle to be towed;
(2) The license number and state of issuance of the license plate of the vehicle to be towed;
(3) The location of the private parking lot from which the vehicle is to be towed;
(4) The signature and printed name of the person authorizing the towing;
(5) A written statement indicating the date and time of the authorization, that the person authorizing the tow is the owner of the private parking lot, or his or her authorized agent, and that said owner or authorized agent is not the employee of any tow operator; and
(6) A written statement indicating why the motor vehicle was parked in a manner inconsistent with posted instructions and subject to tow.
(B) Private tow operators shall also comply with reporting and notifying requirements contained in § 115.456.
§ 115.456 NOTIFICATION TO POLICE, KENTUCKY TRANSPORTATION CABINET AND REGISTERED OWNER REQUIRED.
(A) Prior to towing any vehicle from a private parking lot, a private tow operator shall contact the Louisville Metro Police Department via telephone at (502) 574-5673 and provide the information as set forth in subsections (A)(1) through (A)(5), below. Louisville Metro Police Department will advise the private tow operator to either proceed with the tow or to leave the vehicle for the Louisville Metro Police Department to investigate. Private tow operators towing a vehicle located in a suburban city within Jefferson County that operates its own police department should also notify the suburban city police authority. This notification shall include:
(1) The make, model, color, and vehicle identification number of the vehicle to be towed;
(2) The license plate number and state of issuance of the license plate;
(3) The location where the tow is to occur from which the vehicle is to be towed;
(4) The location name, physical address, and telephone number of the private tow company storage yard where the towed vehicle will be taken; and The name, physical address, and telephone number of the storage yard to which the vehicle will be transported; and
(5) The name, physical address, and telephone number of the private tow operator.
(B) Within one business day of the towing of any vehicle by a private tow operator from a private parking lot, the private tow operator shall notify the Kentucky Transportation Cabinet as provided in KRS 281.928, and, in addition to any information required by that statute, shall provide similar information as set out in subsections (A)(1) through (A)(5), above, except, in subsections (A)(3) and (A)(4), the private tow operator shall set forth the date, time, and location from where the vehicle was towed, and the location of the private tow company storage yard where the vehicle was taken.
(C) Upon receipt of the name and address of the registered owner and any lienholder of the motor vehicle from the Transportation Cabinet, the private tow operator shall notify the registered owner and any lienholder, by certified mail, that the motor vehicle has been towed or removed, providing all information set forth in subsection (B), and any additional information needed for the registered owner or lienholder of authorized designee thereof to reclaim the motor vehicle.
(D) Private tow operators shall be responsible for all notifications required by subsections (A) through (C) of this section, and any additional notifications required by KRS 281.928 and KRS 376.275, and all costs associated therewith.
(E) It shall be unlawful for a private tow service operator, owner or employee to provide false information to any person or entity designated to receive information under subsections (A) through (D) of this section.
§ 115.457 CRASH SCENE RESPONSIBILITIES.
(A) CLEANUP. It shall be a violation for a tow operator removing a vehicle from the scene of a motor vehicle crash to leave the scene without making reasonable efforts to remove all vehicle parts, debris, and broken glass originating from the vehicle removed by that tow operator from the roadway and surrounding area. The tow operator shall also comply with the reporting requirements of subsection (B).
(B) REPORTING. Within forty-eight (48) hours after towing a vehicle from a roadway, a private tow operator shall notify the Louisville Metro Police Department using a method prescribed by Louisville Metro Government and shall provide the following information:
(1) The make, model, and vehicle identification number of the towed vehicle;
(2) The license plate number and state of issuance;
(3) The location from which the vehicle was towed;
(4) The telephone number of the tow operator;
(5) The date and time of the tow; and
(6) Photographs of the collision scene taken before and after cleanup that reasonably depict the entire affected area, including any vehicle debris.
(C) PENALTY. Any person or entity found in violation of this section shall be subject to a civil penalty pursuant to § 115.999(J)(4). In addition to any civil penalty imposed, a party found responsible for a violation of subsection (A) shall be liable for the costs incurred by Louisville Metro Government in cleaning and restoring the crash scene.
§ 115.4578 STORAGE YARD REQUIREMENTS.
(A) Any private tow operator that removes a motor vehicle as authorized by this ordinance shall insure that the storage yard to which the motor vehicle is towed has either:
(1) An attendant who is on site 24 hours per day, seven days per week, to return motor vehicles to the owner, operator, driver, lienholder or authorized designee thereof, upon the payment of towing and storage charges, or
(2) A conspicuously located and well lighted sign at the storage yard that is clearly visible and readable from the entrance of the storage yard, which gives the telephone number where the owner, manager, or attendant of the storage yard may be reached at any time 24 hours per day, seven days per week, so that a towed motor vehicle may be reclaimed in a minimum amount of time, not to exceed two hours.
(B) Any private tow operator that removes a vehicle as authorized by this subchapter shall insure that the storage yard to which the motor vehicle is towed shall release a towed vehicle to the owner, operator, driver, lienholder, or authorized designee thereof, upon the presentation of commercially reasonable tender sufficient to cover the costs of towing and storage authorized by this subchapter. Commercially reasonable tender shall include, without limitation, cash, and credit cards, debit cards, money orders, checks from an insurer or its agent, and checks drawn by banks or other financial institutions.
(C) A private tow operator may not charge fees permitted for storage under § 115.453 if the storage yard is not able to timely release a motor vehicle as provided under this section.
(D) The owner or operator of a storage yard to which the motor vehicle has been towed or removed shall not, upon request by any owner or custodian of a currently licensed vehicle, deny or prevent access to said vehicle for the purpose of removing personal items authorized to be recovered under state law, whether or not the owner or custodian is then able to reclaim the vehicle.
§ 115.4589 REBATES TO LOT OWNERS PROHIBITED.
It shall be unlawful for a private tow operator to pay or rebate money, or solicit or offer the payment or rebate of money, or other valuable consideration to private parking lot owners for the privilege of towing or removing vehicles.
§ 115.45960 TOWS VIOLATING ORDINANCE; NO FEES ALLOWED.
When an owner of a private parking lot, his or her agent, or a tow operator causes a vehicle to be towed in violation of this subchapter, there shall be no charge to the owner or other person in charge of the vehicle for the cost of the tow and storage. Such persons who violate this subchapter may be liable to the vehicle owner for any amounts actually paid for the tow, transportation, and storage of the vehicle, as well as for any damage to the vehicle resulting therefrom.
§ 115.4601 EXEMPTIONS FROM TOWING FOR EMERGENCY VEHICLES.
No person may, under the authority of this subchapter, cause the removal of any ambulance, police vehicle, fire vehicle, civil defense emergency vehicle, or emergency ambulance service vehicle while such vehicle is on official business.
§ 115.4612 ENFORCEMENT; PENALTIES.
The provisions of this subchapter may be enforced by any law enforcement officer, and/or Code Enforcement Officer as defined by this Section and may be subject to both civil and criminal penalties as provided in § 115.999(J). Any person issued a civil penalty under this section shall have the right to appeal to the Code Enforcement Board in accordance with § 32.275 et seq.
§ 115.999 PENALTY.
(J) (1) Any person who violates § 115.453 <https://codelibrary.amlegal.com/codes/louisvillemetro/latest/loukymetro/0-0-0-12135>, 115.455 <https://codelibrary.amlegal.com/codes/louisvillemetro/latest/loukymetro/0-0-0-12143> or 115.458 <https://codelibrary.amlegal.com/codes/louisvillemetro/latest/loukymetro/0-0-0-12168> through 115.460 <https://codelibrary.amlegal.com/codes/louisvillemetro/latest/loukymetro/0-0-0-69848> shall be punished as follows: for the first violation a civil penalty of $200; for the second violation within a period of 24 months of the date of the first violation, civil penalty of $250; and for any additional violations after the date of a second violation within a period of 24 months from the date of a first violation, civil penalty of $300. Any person cited pursuant to this subsection may pay the minimum civil penalty within seven days from the date of issuance or request a hearing regarding such penalty to the Code Enforcement Board ("Board") in accordance with §§ 32.275 <https://codelibrary.amlegal.com/codes/louisvillemetro/latest/loukymetro/0-0-0-24373> et seq. If the person fails to respond to the citation within seven days as referenced above, the person shall be deemed to have waived the right to a hearing. In this event, the Board shall enter a final order determining that the violation was committed and impose the civil penalty set forth in the citation.
(2) Any person who violates §§ 115.454 <https://codelibrary.amlegal.com/codes/louisvillemetro/latest/loukymetro/0-0-0-12139>, 115.456 <https://codelibrary.amlegal.com/codes/louisvillemetro/latest/loukymetro/0-0-0-12152> or 115.457 <https://codelibrary.amlegal.com/codes/louisvillemetro/latest/loukymetro/0-0-0-12161> shall be guilty of a violation and shall be subject to a fine of not less than $25 or more than $200.
(3) Any person who tows a vehicle from private property without a valid license in violation of §§ 115.451 <https://codelibrary.amlegal.com/codes/louisvillemetro/latest/loukymetro/0-0-0-12124> or 115.452 <https://codelibrary.amlegal.com/codes/louisvillemetro/latest/loukymetro/0-0-0-12131> shall be guilty of a violation and shall be subject to a fine of not less than $25 or more than $200. In addition to the criminal penalty, the person shall be subject to a civil penalty in the amount of $500.
(4) Any responsible party failing to comply with § 115.457 shall be subject to the following monetary penalty schedule:
(a) Not less than $100, nor more than $250 for a first offense;
(b) Not less than $250, nor more than $500 for a second offense committed within a three year period;
(c) Not less than $500, nor more than $1,000 for a third offenses committed within a three-year period.
(4 5) Each day such person, firm, or corporation shall neglect or refuse to comply with or violate any of the sections of §§ 115.450 <https://codelibrary.amlegal.com/codes/louisvillemetro/latest/loukymetro/0-0-0-12116> through 115.460 <https://codelibrary.amlegal.com/codes/louisvillemetro/latest/loukymetro/0-0-0-69848> shall constitute a separate offense.
SECTION III: This Amendment shall take effect upon its passage and approval or as otherwise provided by law.
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_______________________________ Sonya Harward Metro Council Clerk |
_____________________________ Brent Ackerson President of the Council |
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_____________________________ Craig Greenberg Mayor |
_____________________________ Approval Date |
APPROVED AS TO FORM:
Michael J. O’Connell
Jefferson County Attorney
BY: ____________________________
O-285-26 Roadway Safety rh