(A) Unauthorized parking on restricted or private lots. It shall be unlawful for any person to park a motor vehicle in a properly posted restricted or private lot without the consent of the owner or tenant
authorized to give permission.
(1) (a) Any motor vehicle which is parked in violation of this division (A) shall be subject to being towed away at the request of the lot owner or tenant. The towing shall be at the expense of the registered owner of the vehicle.
(b) In any event, when any law enforcement officer or community service technician observes or is advised that a motor vehicle may be in violation of this division (A), that officer shall determine whether a violation has in fact occurred and, if so, shall personally serve or attach to the motor vehicle a citation.
(2) Any person found guilty under this division (A) shall be subject to the penalties provided in § 72.999 of this code. If the identity of the operator of a motor vehicle in violation of this division (A) cannot be determined, the owner or person in whose name the vehicle is registered shall be held prima facie responsible for the infraction.
(B) Signs designating. Signs designating a restricted or private parking lot shall be readily visible and shall state the purpose or purposes for parking on the lot. If the lot is closed after business hours, the hours that parking is not allowed must be stated on the sign. Restricted parking lot signs must state: “Parking on this lot is restricted to customers only. No parking or loitering from to . Violators will be prosecuted in accordance with City Code, Chapter 72, § 72.037. Contact to determine location of towed vehicle.”
(C) Motor vehicle towed away. A motor vehicle towed away under this section which is not claimed by the owner is subject to liens by the person who towed the vehicle under the state statutes.
(D) Properly parked; liability. Any owner or tenant causing the towing away of a motor vehicle that is not improperly parked on a restricted lot shall cause the return of the motor vehicle to its owner or driver at no charge to the owner or driver. The person causing the motor vehicle to be towed shall be liable for any reasonably foreseeable damage incurred by the owner or driver of the motor vehicle due to loss of transportation.
(E) Liability for reasonably foreseeable damages. Anyone towing away a motor vehicle pursuant to this section shall be liable for any reasonably foreseeable damages to the motor vehicle that occur during the hookup, towing or disengagement of the motor vehicle to or from the towing vehicle, and anyone storing a towed motor vehicle shall be liable for any reasonably foreseeable damage to the motor vehicle and the personal contents therein during the storage period.
(F) Written statement by tower. The owner or driver of any motor vehicle towed away pursuant to this section shall, upon regaining possession of the motor vehicle from the tower, be given a written statement by the tower fully detailing the following: The name and address of the person or persons who caused the vehicle to be towed; under what statutory authority the vehicle was towed; and the owner or driver’s rights under this section.
(G) Person towing motor vehicle. Anyone towing a motor vehicle pursuant to this section shall take reasonable steps to ascertain that the person causing the motor vehicle to be towed is the owner or tenant of the lot from which the motor vehicle is to be towed.
(H) Towing and storage fees. The owner or other person lawfully entitled to the possession of any vehicle towed or stored shall be charged with the reasonable cost of towing and storage fees. Any towing or storage fee shall be a lien upon the vehicle prior to all other claims. Any person towing or storing a vehicle shall be entitled to retain possession of the vehicle until the charges are paid. The lien provided for in this section shall not apply to the contents of any vehicle.
(I) Owner or tenant of lot; solicitation. Any owner or tenant causing the towing away of a motor vehicle shall not solicit nor accept therefor a commission, gift, gratuity or any form of compensation or wealth from the person or business towing away the motor vehicle.
(Prior Code, § 72.32) (Ord. 98-27, passed 7-20-1998; Ord. 02-53, passed 10-7-2002) Penalty, see § 72.999
Statutory reference:
Restricted parking, see Neb. Rev. Stat. §§ 60-2401 through 60-2411