It shall be unlawful for any person or entity to authorize, direct, engage in or contract for trespass towing or booting in a private parking lot unless advance notice is given as follows:
(A) The parking lot has one or more warning signs posted at such locations and heights so as to provide a conspicuous warning to drivers of vehicles who are not familiar with that parking lot that the lot is private and that unauthorized vehicles will be towed or booted.
(1) Each sign shall be no smaller than one square foot and no larger than three square feet, with a white background and red letters, printed in fonts that can easily be read by a person of ordinary vision, and shall contain the following information, as applicable:
(a) That the parking lot is a private parking lot and that unauthorized vehicles will be towed or immobilized and subject to a fine/fee for removal of the boot (e.g., “Private Parking Lot - Towing Enforced” or “Private Parking Lot - Unauthorized Vehicles Will Be Immobilized and Fined” or “Parking for Customers Only - Towing Enforced” or “Parking for Residents Only - Unauthorized Vehicles Will Be Immobilized and Fined” or similar phrasing); and
(b) The name and telephone number of the towing company and/or booting service that enforces parking in that lot.
(2) If applicable, the following information must be contained either on the warning sign(s) required per the preceding division (A)(1) above or on separate sign(s) attached immediately adjacent on the same post or structure:
(a) If the parking lot serves a shopping center, mall or office building, then at the option of the property owner or lessor either:
1. The name of the shopping center or mall or office building; or
2. The names of all businesses within that shopping center or mall or office building, and a warning that parking is authorized only for persons patronizing that shopping center or mall or office building.
(b) If the parking lot serves multiple locations (other than a shopping center or mall or office building), the name of every establishment served by the parking lot and a warning that parking is authorized only for persons patronizing one of those establishments.
(3) There shall be a minimum of one warning sign for each vehicular entrance to the parking lot and such other signs as are required so that an ordinary driver who is not familiar with that parking lot is warned by the signage upon entering the parking lot, exiting his or her vehicle and/or upon exiting the parking lot as a pedestrian that the lot is private and that unauthorized vehicles are subject to towing or booting;
(4) One or more police officers designated by the Chief of Police (the “liaison officer”) shall direct and approve the number and placement of warning signs in his or her reasonable discretion to ensure that signs are conspicuous to warn vehicle drivers as specified per the foregoing provisions of this division (A). If the property owner or lessee disagrees with the direction provided by the liaison officer, the owner or lessee may appeal to the Chief of Police. The determination of the Chief of Police shall be final and non-appealable; and
(5) If one or more credible complaints are received by the Police Department from any person to the effect that the warning signs posted on a parking lot are not sufficiently conspicuous as required per this division (A), the liaison-officer shall re-consider the sign layout and may require the relocation of signs or the installation of new signs.
(B) All signs posted in accordance with this chapter must meet the design standards of the town’s Sign Ordinance.
(Ord. passed - -2018)