(A) Owners of private property may, to the extent authorized by this section, tow away any unauthorized vehicle on their premises. An unauthorized vehicle is any vehicle that is parked or stopped on private property in violation of applicable parking rules, guidelines or regulations.
(B) It shall be unlawful for any person, firm or corporation to tow away a vehicle on any authority other than by direct request of the owner of the vehicle or the property owner from where the vehicle is towed, or their agent. A police officer in the course of his or her official duties may also authorize a tow. The towing of any vehicle in situations where the vehicle’s owner or authorized agent, or a police officer is not present or requesting the tow, shall be reported to the city’s Police Department dispatch center prior to towing, using the current published non-emergency telephone number of the city’s Police Department. The report shall include:
(1) The make and model of the vehicle, including the license number and state, and vehicle identification number (VIN) of the vehicle being impounded or towed;
(2) The name of the firm or corporation impounding or towing the vehicle and the name of the tow truck operator;
(3) The location from where the vehicle was taken;
(4) The reason the vehicle was towed; and
(5) The location where the subject vehicle will be kept and the 24-hour telephone number which an owner can call to arrange for release of the vehicle.
(C) Before towing a vehicle located on private property, a parking enforcement or towing company shall:
(1) Receive from the property owner or his, her or their authorized agent, who shall not be affiliated in any way with the parking enforcement or tow company, a signed request for each tow of a particular vehicle; provided, however, that, property owners who have a written contract with a parking enforcement or tow company where the provisions of the contract are consistent with the provisions of this section shall not be required to sign a request before a vehicle is towed from their property:
(a) Written contracts for towing or parking services shall specify when and under what conditions parked vehicles shall be subject to towing (i.e., how long a vehicle must be parked in violation before it may be towed, where parking is prohibited, if a warning must be given first and the like); and
(b) Towing or parking enforcement companies who enter into written contracts with property owners for towing services pursuant to the terms of this section shall provide to the Police Department copies of the contracts before towing the vehicle covered by the contract.
(2) Post in a prominent place at the business location where vehicles are released from storage a copy of a schedule of fees. Upon request, a parking enforcement or towing company shall show a current copy of its fee schedule to a person whose vehicle is being towed; and
(3) Maintain personnel authorized to release any vehicle to its owner 24 hours each day.
(D) Property owners, managers or their agents shall not receive any consideration whatsoever from any parking enforcement or towing company in exchange for utilizing such company’s services to tow unauthorized vehicles from the owner’s property or for entering into a services contract with a parking enforcement or towing company.
(Prior Code, § 14.10.040) (Ord. 20-10, passed 6-4-2020; Ord. 23-03, passed 1-19-2023; Ord. 23-13, passed 7-6-2023)