(a) A person commits an offense if he removes or causes the removal of a vehicle from private property without signs being posted and maintained on the private property in accordance with this section at the time of towing and for at least 24 hours prior to removal of the vehicle.
(b) Except as otherwise provided by Section 48A-36.2 of this chapter, at least one sign must be placed on the right or left side of each driveway access or curb cut allowing access to the private property. If curbs, access barriers, landscaping, or driveways do not establish definite vehicle entrances onto private property from a public roadway, other than an alley, or if the width of an entrance exceeds 35 feet, signs must be placed at intervals along the entrance so that no entrance is farther than 25 feet from a sign. At least two signs must be placed on the interior of the private property. The director may require one additional interior sign to be posted for each 50 parking spaces over 150 contained on the property.
(c) Each sign required by Subsection (b) to be placed upon private property must:
(1) be approved by the director;
(2) contain:
(A) a bright red international towing symbol, at least four inches high, located on the uppermost portion of the sign or on a separate sign placed immediately above the sign;
(B) the following information immediately below the international towing symbol in white letters on a bright red background:
(i) the words “TOWING ENFORCED” in two-inch high letters; and
(ii) a statement describing who may park at the location and prohibiting all others;
(C) the following information on the next lower portion of the sign in bright red letters at least one inch high on a white background:
(i) the words, “Unauthorized Vehicles Will Be Towed at Owner’s or Operator’s Expense”; and
(ii) the days and hours towing is enforced at the location, which may be satisfied by a statement that towing is enforced at all times;
(D) the following information on the bottommost portion of the sign in white letters at least one inch high on a bright red background:
(i) the name, street address, and current telephone number, including area code, of the vehicle tow service;
(ii) the name, street address, and current telephone number, including area code, of the vehicle storage facility to which the vehicle will be towed, if different from the vehicle tow service; and
(iii) a telephone number answered 24 hours a day at which a vehicle owner or operator may obtain information to locate the vehicle, if different from the telephone numbers listed in Subparagraph (D)(i) and (D)(ii);
(3) be at least 24 inches tall and 18 inches wide and constructed of a rigid weather-resistant metal;
(4) be permanently mounted on a pole, post, permanent wall, or permanent barrier;
(5) be readable day and night;
(6) be permanently installed on the private property in a manner and location approved by the director so that the sign is facing and conspicuous to any person entering the property; and
(7) be posted so that the bottom edge of the sign is not lower than five feet nor higher than eight feet above ground level.
(d) In addition to the signs required to be posted under Subsection (b) of this section, the following two signs must be posted and maintained on the interior of the private property in a location and manner approved by the director:
(1) The first sign must meet all of the requirements of Subsection (c) of this section, except that all wording must be in Spanish instead of English and the translation must be approved by the director.
(2) The second sign must comply with form, size, color, and wording requirements established by rule or regulation of the director and must include the following information in both English and Spanish:
(A) the maximum towage fees that may be charged under this chapter and a statement that additional storage, preservation, and notification fees may be charged under the Vehicle Storage Facility Act; and
(B) a statement of how and to whom a complaint concerning a vehicle’s removal or a violation of this chapter can be made.
(e) A person commits an offense if, on the same private property, he posts or allows the posting of a sign or signs indicating:
(1) the name of more than one vehicle tow service; or
(2) the name, address, or telephone number of more than one vehicle storage facility.
(f) A person commits an offense if he removes or obstructs or allows the removal or obstruction of a sign required by this section to be posted on private property. It is a defense to prosecution under this subsection that the removal or obstruction was caused by:
(1) a city employee in the performance of official duties; or
(2) the property owner or a licensee or driver of a vehicle tow service authorized by the property owner for the purpose of:
(A) repairing or maintaining the sign;
(B) complying with this chapter or a rule or regulation promulgated under this chapter; or
(C) terminating a vehicle tow service agreement for the private property.
(g) A minor variation of a required or minimum height of a sign or lettering is not a violation of this chapter.
(h) It is a defense to prosecution under Subsection (a) of this section that:
(1) before the vehicle was removed, the property owner provided the owner or operator of the vehicle with notice complying with Section 684.012(b) and (c) of the Texas Transportation Code (which requires the notice to be attached to the vehicle and sent certified mail to the vehicle’s registered owner), and the vehicle tow service received written verification from the property owner that the required notice was given; or
(2) the vehicle was removed by or under the direction of a peace officer. [Ord. Nos. 19099; 21435; 23106; 24175, § 48A-36(d) effective 2-1-01]