(a) Definitions.
Motor Vehicle means a motor vehicle as defined in I.C., 9-13-2-105(a).
Private Parking Lot means any parking lot or area owned by a private entity that provides parking spaces for a fee or that requires the permission of the owner or authorized agent of the owner of the parking lot or area before a person may park at that location.
Storage Facility means any location at which a towed motor vehicle is stored pending retrieval by the motor vehicle's owner or operator.
Tow, or Towed, or Towing means to haul, carry, pull along, or otherwise transport or remove a motor vehicle by means of another vehicle.
Towing Service means any person or other entity, whether licensed or not, that engages in, or who owns or operates a business which engages in, the towing of motor vehicles for compensation.
Trespass Tow means the towing of a motor vehicle parked in a private parking lot without the consent of the motor vehicle's owner or operator.
Wheel Lock means a boot, wheel lock or any other device that is attached to a motor vehicle and designed to immobilize it.
(b) Compliance with section; violations.
(1) No towing service shall conduct a trespass tow of a motor vehicle from a private parking lot, when the point of origin of the tow is within the City's jurisdictional limits, without fully complying with the provisions of this section.
(2) Any violation of this section shall subject the violator to a fine of $500 for the first offense within any calendar year and to a fine of $1,000 for each subsequent offense within the same calendar year. Each motor vehicle towed or stored in violation of this section shall constitute a separate offense.
(c) Towing signs required.
(1) It shall be unlawful to tow any motor vehicle that is parked in a private parking lot without the permission of the owner or operator of the motor vehicle unless notice is posted in accordance with the provisions of this section in the private parking lot from which the towing occurs. Such notice shall meet all of the following requirements:
a. The notice shall be in the form of a sign not less than 24 inches by 24 inches in size and constructed of metal, plastic or another type of material that is weather resistant and enduring in nature.
b. The notice shall be prominently posted in the private parking lot at each access or curb cut allowing motor vehicles access to the property. In the alternative, a sign not less than 12 inches by 12 inches in size may be posted at each parking space from which a motor vehicle could be towed.
c. The notice shall clearly display the following:
i. In not less than one-and-one-half inch high letters on a contrasting background, the words "tow-away-zone" or "towing enforced;" and
ii. In not less than one inch high letters and numbers on a contrasting background, a statement that public parking is never authorized in the private parking lot by stating "private property - no parking at any time," or where parking is permitted under limited circumstances, by stating "parking for [name] customers only," "parking for [name] residents only," or a similar phrase that specifically identifies the conditions under which a motor vehicle may park in the private parking lot, or if parking is not prohibited on a 24-hours continuous basis, a statement identifying the days of the week and the hours of the day during which unauthorized parking is prohibited; and
iii. In not less than one inch letters and numbers on a contrasting background, the name and address of both the towing service and the storage facility where the motor vehicle will be towed and the total itemized cost for the tow and storage of the motor vehicle.
d. Each sign displaying the above required notices shall be permanently installed with the bottom of the sign not less than four feet above ground level and not more than eight feet above ground level.
e. No towing service owner, employee, or agent may intentionally obstruct or deface any sign required by this section.
(d) Wheel lock prohibited. It shall be unlawful to place a wheel lock on a motor vehicle for the purpose of keeping it immobilized until it can be towed from a private parking lot.
(e) Release before towing. Any tow service that has initiated a trespass tow but that has not yet completely removed the motor vehicle from the private parking lot, shall, upon the request of the motor vehicle owner or operator, immediately release the motor vehicle to said owner or operator without charge.
(f) Retrieval of personal property. Any tow service that has engaged in the trespass tow of a motor vehicle shall, once the motor vehicle is placed in a storage facility, and upon request of the owner or operator of the motor vehicle, permit the owner or operator access to the motor vehicle in the storage facility for the purpose of retrieving personal property from it at no charge and within 30 minutes of such request.
(g) Payment of towing and storage fees. Any towing service that engages in the trespass tow of a motor vehicle from a private parking lot shall accept U.S. currency and at least two major credit and debit cards for any and all towing and storage fees and charges associate therewith.
(h) Twenty-four hour motor vehicle retrieval required. Any towing service that engages in a trespass tow from a private parking lot shall have a person on call 24 hours every day of the year who will acknowledge a request to retrieve a towed motor vehicle within 30 minutes of such request and who shall, upon request, make a motor vehicle available to its owner or operator for retrieval within 60 minutes of the time of such request.
(i) Location of storage facility. Any storage facility at which a motor vehicle subject to a trespass tow is stored shall be located within the City or within 15 miles of the City's corporate limits.
(j) Authorization to trespass tow required. No towing service shall remove a motor vehicle from a private parking lot by trespass tow unless the owner or authorized agent of the owner of the private parking lot contemporaneously signs a specific written authorization for such removal and presents the same to the driver of the towing service. This written authorization form shall contain all of the following:
(1) A written statement describing the reason for the tow;
(2) The make, model, year, color, vehicle identification number (VIN) and license plate number of the motor vehicle to be towed;
(3) The address of the private parking lot from which the motor vehicle is to be towed;
(4) A written statement indicating the time and date of the trespass tow authorization;
(5) The full name and title of the person authorizing the trespass tow;
(6) An acknowledgement by the person authorizing the tow that he or she is the owner or authorized agent of the owner of the private parking lot and that the owner of the private parking lot shall be liable for any damages that may be awarded to the owner of the motor vehicle if it is towed unlawfully or improperly; and
(7) The signature of the person authorizing the trespass tow.
(k) Towing receipt required; waiver of liability prohibited.
(1) Upon the payment in full of all authorized towing and storage fees, a tow service that performs a trespass tow of a motor vehicle from a private parking lot to a storage facility shall provide to the motor vehicle's owner or operator upon the retrieval of the motor vehicle from the storage facility, at no additional charge, an itemized receipt that contains the following information:
a. The name and address of the tow service;
b. The private parking lot address from which the motor vehicle was towed;
c. The date and time at which the motor vehicle was towed;
d. The date and time at which the motor vehicle entered the storage facility;
e. An itemized list of all the fees and charges imposed for the motor vehicle tow and storage; and
f. The name of the person who authorized the trespass tow, as well as a copy of such person's trespass tow written authorization form.
(2) A release or waiver of liability shall not be required as a condition of the release of the motor vehicle from the storage facility.
(3) A tow service may require proof of identification of the person retrieving any motor vehicle from a storage facility.
(Ord. D-2044-11, 7-18-11)