It shall be unlawful for any person 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 four square feet and no larger than six square feet, with a white background and red letters, printed in fonts that can easily be read by a driver 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.
(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) 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.
1. Effective as of August 15, 2023, if a parking lot described in this division (A)(2)(b) is located in the downtown Municipal Services District (MSD), then in addition the following information: "This is a Private Lot; for complaints about parking enforcement in this lot, please call [name; telephone number]" with the name and telephone number of the owner or lessee of the lot who contracts for parking enforcement services. For clarification, such name and telephone number must be that of the owner or lessee itself, and may not be that of an agent of the lot owner or lessee, such as the parking enforcement company. If at any time the telephone number on this sign is not in working order to reach the property owner or lessee during regular business hours, then said property owner or lessee is in violation of this chapter and subject to citation.
2. Exceptions. This division (A) shall not apply to parking spaces that require display of a permit (e.g., hang-tag or decal) or are administered through a pay-upon-parking system.
(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.
(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 re-location of signs or the installation of new signs.
(B) As an alternative to the signage required per division (A) above, the parking lot may have a sign at every parking space within the lot as to which parking is to be enforced, each such sign being posted in a conspicuous location facing the parking space, no smaller than 120 square inches, with a white background and red letters, identifying the space as private property, and warning that unauthorized vehicles will be towed or booted (for example, "Private Parking - Towing Enforced"). In addition, the name and telephone number of the towing company or booting service must be posted either:
(1) On each sign facing the individual parking spaces; or
(2) On at least one other sign, no smaller than four square feet and no larger than six square feet, placed in a conspicuous location in the parking lot.
(C) As an alternative to the signage required per division (A) or (B) above, a trespass tow is authorized where a weather-proof (e.g., laminated) written notice, not less than 8.5 inches by 11 inches, is placed on the front driver's side windshield and/or the driver's window of the car, affixed in manner that will not mar the vehicle but will insure that the notice will not blow away, at least eight hours prior to the trespass towing of the vehicle, which notice contains all of the following information on both sides of the notice in large, easily readable type:
(1) That the parking lot is a private parking lot and unauthorized vehicles will be towed;
(2) The name and telephone number of the towing company and location where any towed vehicle is taken;
(3) The towing charges imposed by the towing company;
(4) The amount of any storage charges related to the storage by the towing company of the vehicle, and the terms and conditions for the imposition of storage charges; and
(5) The time and date that the notice has been placed on the vehicle and the time and date as of which the vehicle will become subject to towing.
(D) Once an owner or operator of a vehicle has been notified of unauthorized use pursuant to division (C) above, it shall be unnecessary for the person authorizing, directing, engaging in, or contracting for the trespass tow to give any further notification should there be any future unauthorized parking of the same vehicle at the same parking lot, and upon its discovery, the vehicle may be immediately towed.
(Ord. passed 12-15-2016; Ord. passed 6-28-2023)