Throughout the month of October, the Starkville Board of Aldermen has considered an ordinance to cap towing and storage fees and set out new operating requirements for towing companies after residents complained about “predatory” towing practices around apartment complexes.

If passed, the ordinance will require towing companies to cap the initial fee at $250 and lower their daily storage fee to $45. In addition, it would standardize company operating hours to stay open seven days a week, including holidays.

In comparison, Apex Towing, which has contracts with a large number of apartment complexes in Starkville, charges an initial fee of $300 and a storage fee of $60 per day.

The third and last public hearing will be held on Nov. 4, where the board is expected to vote.

During an Oct. 7 public hearing, residents and business owners voiced opposing opinions.

Christine Williams, the mother of a Mississippi State University student, spoke in favor of the ordinance. Williams stated that her daughter was towed in a dimly lit parking lot near the visitor parking area.

Ben Shurden, the owner of Apex Towing, spoke in opposition to the ordinance. Shurden argued that his company has been practicing fair procedures despite public opposition and that the proposed ordinance could not only hurt his business but also give rise to liabilities related to towing methods. To address a few of these liabilities, Shurden provided the Board with recommendations on the outline and wording of the ordinance.

In an interview, Shurden further expressed his concerns about the proposed ordinance. He claimed that the ordinance is merely a result of built-up complaints that tend to occur in September after a three-month period of little to no towing.

Furthermore, Shurden stated that recent stress on his business has come from external expenses and that a mandatory fee and hour reduction would only make matters worse. For instance, he highlighted the substantial rise in towing truck prices, a key annual expenditure for his business.

“In 2017, one of my trucks was $78,000,” Shurden said. “Last year it was $136,000. Last week it was $167,000. That is more than a 100% increase, and I was charging $250 in 2017.”

If the new ordinance is passed, Shurden said Apex Towing will be forced to consider reducing or eliminating some of its free services. As of now, Apex offers free jumpstarts, tire changes and help with lockouts for any decaled vehicle in an apartment complex. Apex also provides free towing for apartment complexes whenever summer construction requires vehicles to be moved.

“We try to do everything we can to give back and not be the predators and to be honest and transparent, but the media won’t allow that to be the way we are seen,” Shurden said.

In an interview with The Commercial Dispatch, Mayor Spruill stated that her office received an excess of complaints regarding excessive towing policy, particularly around apartment complexes like the Starkville Social Block and Townhomes.

Mike Brooks, alderman for Ward 4, where many apartments are located, said his office receives frequent complaints about towing issues.

“This is a good start,” Brooks said. “If your business model is based on unjustly towing people, then I’m sorry — you are going to be affected.”

Brooks mentioned rumors that the Mississippi legislature might create its own state ordinance on towing policies, stating that Starkville would be getting a “head start” by implementing its own policy.

At the Oct. 21 public hearing on towing, Shurden appeared before the board again, alongside his lawyer, Jeff Hosford, to present formal objections. Hosford argued that the ordinance fails to account for rising industry costs and would reduce available parking in Starkville by discouraging enforcement.

Before being cut off by the ten-minute timer, he claimed that the ordinance’s proposed signage amount is excessive and that the fee requirements fail to account for the time and energy required to physically tow a vehicle.

After the presentation, Spruill announced that further changes to the ordinance had been made prior to the Oct. 21 meeting. These changes included the requirement of documentation before towing, the lowering of required signage size, the requirement of proper authorization before towing, the permission for the city to make changes to towing rates without public hearings, permission for companies to charge an after-hours fee for vehicle release, details on allowed payment methods and the requirement for towing companies to release reports to law enforcement.

Following Spruill’s announcement, Hosford concluded his earlier presentation, emphasizing that to offset company losses, the towing cap would need to be set at $300. Additionally, the required hours to stay open on Sundays would be adjusted to run from 12 p.m. to 5 p.m.

Following Hosford, speakers were divided. Some, including property managers and local business owners, said towing companies help maintain available parking. Others, including students and parents, described towing experiences that they said were unfair or confusing.

Several spoke in opposition to the towing rules drafted in the ordinance. Destiny Woodworth, a manager at Rosey Baby, claimed that towing companies across Starkville help provide parking for her business.

Additionally, Nikki Leonard, the property manager of Starkville Apartments, said that Apex Towing had been a long-time supporter of her property and claimed the city was overreaching by interfering with the company’s policy.

Some MSU students also opposed the ordinance. Shawn Byrd, who lives in the Cotton District, said he was annoyed by people parking in his apartment parking spot. Nevertheless, the ordinance being discussed does not permit illegal parking; it merely limits towing fees.

Several community members and students spoke in favor of the ordinance.

Alexandra Williams, an MSU student whose mother testified at the last public hearing, said retrieving her vehicle from Apex Towing was a difficult and inconvenient process.

“I’m a college student,” Williams said. “I get paid 10 dollars an hour as an undergraduate research assistant. It cost me 30 hours of work to retrieve my car from this company.”

Alexandra claimed that Schrader harassed her mother, Christine Williams, through Facebook Messenger after she spoke out against Apex Towing at the hearing on Oct. 7. Additionally, she alleged that Schrader shared a photo of her car on Facebook, blurring the license plate but leaving her identifying apartment stickers visible.

Ben Barrick, another MSU student, said he reviewed the ordinance and found it “fair and necessary.”

Julie Givens, the mother of a resident in a local apartment complex, expressed her support for the ordinance. She argued that college students should not be expected to read and remember lengthy contract guidelines or keep up with email updates regarding towing policies for their apartments.

The final speaker for the public hearing was Christine Williams. Williams claimed that unjust towing was a recurring problem talked about among parents of MSU students. Williams reasserted her daughter’s discomfort with retrieving her vehicle, concluding that towing is an important issue in Starkville that needs to be addressed.

The board then presented its own arguments for and against the ordinance, with all board speakers appearing in support.

Ward 2 Alderwoman Sandra Sistruck clarified that the ordinance would not prohibit towing. Ward 4 Alderman Mike Brooks restated that parking complaints have been a recurring issue for his office. Ward 1 Alderwoman Kim Moreland reasserted that the towing ordinance would apply to all towing companies in Starkville, not just Apex Towing.

After comments, Spruill ended the public hearing, stating that a third public hearing would be held on Nov. 4.