(A)
With respect to every trespass tow or booting subject to this chapter, plain and conspicuous notice must be given to the owner or operator of the vehicle:
(1) (a) As to any fee that may be charged in connection with the trespass tow or booting, including storage and any other fee or charge of any nature; and
(b) That credit and debit cards may be used for payment of any and all such fees. Fees must be specifically and precisely disclosed; the notice may not refer to minimum or maximum fees or a range of fees.
(2) Notice may be given:
(a) On the parking lot warning sign(s) to be posted as provided at section § 73.03(A) or (B)(2) above, or on separate sign(s) attached to the same sign post or immediately adjacent on the same structure; or
(c) On the vehicle insignia on the towing vehicle or booting service vehicle, provided that such vehicle is easily viewable by the owner or operator of the vehicle when arrangements are being made for payment of the towing or booting fees.
(B) Any towing company engaged in trespass towing shall post in a conspicuous location at its place(s) of business and in size sufficient to be easily read a schedule of fees that states, at a minimum, its consensual towing fee(s), its trespass towing fee, its daily storage fee and its hours of operation. The schedule of fees shall be posted in a location(s) so that a person may obtain the information at times when the towing company is not open for business.
(C) Any towing company or booting service engaged in activities subject to this chapter must provide to the Police Department (i) a schedule of all its fees and charges and (ii) a true and correct copy of the notice(s) employed by the service pursuant to §§ 73.03(C) and/or 73.05(F) herein, and such schedule of fees and notices must be kept current at all times. Fees must be specifically and precisely disclosed; the required schedule of fees may not refer to minimum or maximum fees or to a range of fees.
(D) A towing company or booting service may not assess any fee or other charge in connection with a trespass tow or booting unless all of the following conditions are met:
(1) The fee or other charge has been publicly noticed as required per divisions (A) and (B) above; and
(2) The fee or other charge is set forth in a schedule of fees and charges that has been on file with the Police Department for at least 24 hours prior to the assessment of the fee. In the case of any discrepancy in the amount of a fee or other charge noticed by posting in any manner provided at division (A) above or provided to the Police Department on a schedule of fees, only the lowest fee or other charge so noticed may be charged.
(3) The particular trespass tow or booting at issue has been conducted in full and complete compliance with all requirements of this chapter.
(E) Any fee charged in connection with a trespass tow or booting regulated under this chapter must be reasonable in relation to the cost of providing the service or item, inclusive of reasonable overhead and profit.
(F) A towing or booting service may not charge or collect any fee or other charge for a trespass tow or booting that is conducted in a manner that is in violation of any requirement of this chapter. Any fee or other charge that is paid in violation of the foregoing provision must be refunded upon demand. Failure to comply with this division (F) constitutes a separate and distinct violation of this chapter and shall be subject to citation in addition to the underlying violation.
(Ord. passed 12-15-2016; Ord. passed 6-28-2023)