(a) The parking of vehicles on public or private property, excluding dedicated streets and ways set out for public travel and heretofore regulated, shall be prohibited without the consent of the owner of the private property or the proper governmental agencies in charge of the public property. “Private property”, as used herein, shall include property owned by the City or other governmental body, which is leased to private persons. “Owner” of property includes a leasee or other person entitled to possession of the property.
(b) No vehicle shall be parked on public property in violation of any regulations set out by the governmental agencies controlling the public property.
(c) No vehicle shall be parked on any private property in violation of any regulations set down by the owner of the private property.
(d) The provisions of subsections (a) through (c) hereof shall not be applicable unless the private or public property is posted in a conspicuous manner setting forth the parking prohibition or the conditions and regulations under which parking is permitted.
(e) Subject to the requirements of this section, an owner of private property or his authorized agent may remove, or cause to be removed vehicles parked upon that property in violation of the posted parking regulations.
(f) An owner of private property may create a “Private Tow-Away Zone” by posting a sign thereon, no smaller than eighteen by twenty-four inches and visible from all entrances to the private property, which contains at least the following information:
(1) A designation that the area is a “Private Tow-Away Zone, Unauthorized Vehicles Will Be Towed Away”;
(2) The telephone number or numbers of the person or persons from whom the vehicle can be recovered; and
(3) A statement that the “Vehicle May Be Recovered At Any Time During The Day or Night Upon Proof of Ownership and Paying of a Towing Charge in the Amount of $. . . And Storage Charge in the Amount of $. . . Per 24 Hour Period”. See subsection (h) hereof for towing and storage charge amounts.
(g) By parking on properly posted private property without the consent of the owner of the property, the owner and operator of a vehicle shall be deemed to have consented to the removal and storage of such vehicle for an amount not to exceed the rates established by the Director of Public Safety under the provisions of subsection (h) hereof.
(h) The Director shall establish reasonable maximum rates for the removal and storage of any vehicle removed from private property. Such rates shall be posted as provided in subsection (f)(3) hereof.
(i) The removal of vehicles under this section shall only be performed by tow trucks which, and tow truck operators who have been duly listed by the Director as being engaged in the business of towing. Such listing by the Director shall not be construed to reflect upon the qualifications of the listed tow truck or operator.
(j) Except as specifically authorized elsewhere in the Codified Ordinances, no person shall remove or cause to be removed any vehicle from private property unless in conformance with this section with respect to the removing or causing to be removed, of motor vehicles from private property. Whoever violates this section shall be deemed guilty of a minor misdemeanor.
(Ord. 93-80. Passed 8-25-80.)