(A) When ordered by someone other than the owner or custodian of a vehicle or the authorized agent of such owner or custodian or by someone other than law enforcement personnel, a vehicle may be towed or otherwise removed, except by vehicle entry, from private property by a wrecker and towing service when the property is appurtenant to or obviously a part of a single-family residence or in the case of any other property, when notice is prominently posted on the property or has been personally given to the owner or driver of the motor vehicle, that the area in which such vehicle is parked is reserved or is otherwise unavailable for unauthorized vehicles and only after compliance with the following requirements:
(1) Except for single-family residences and instances where notice is personally given to the owner or operator of a motor vehicle that the area in which such
vehicle is parked is reserved or is otherwise unavailable for unauthorized vehicles, any property owner, lessor or any person authorized by the property owner or lessor seeking to prohibit unauthorized vehicles on his or her premises and to have unauthorized vehicles towed away must permanently and prominently post notice on his or her property, which notice shall be in the form of a sign structure, prominently placed at each driveway access or curb cut allowing vehicular access to the property, within five feet from the public right-of-way line. If there are no curbs or access barriers, signs shall be posted not less than one sign each 20 feet of lot frontage. The sign structure displaying the required notices shall be permanently installed with the bottom of the sign not less than four feet above ground level and shall be continuously maintained on the property for not less than 24 hours before the towing or removing of vehicles. The notice required under this section shall clearly display:
(a) In not less than four-inch, light-reflective letters on a contrasting background, the words "tow away zone";
(b) In not less than two-inch-high, light-reflective letters on a contrasting background, the words "unauthorized vehicles will be towed away at the owners expense";
(c) In not less than two-inch-high, light-reflective letters on a contrasting background, the days of the week and hours of the day during which vehicles will be towed away at the owner's expense where the property owner or business enterprise selectively causes the towing of vehicles dependent on the day of the week and hour of the day the vehicle is parked. Otherwise, in not less than two-inch-high, light-reflective letters on a contrasting background, the words "24 hrs. 7 days";
(d) In not less than one-inch-high, light-reflective letters on a contrasting background, the name and telephone number of the towing business enterprise, if there exists a written contract between the property owner and business enterprise for the towing of vehicles;
(e) In not less than one-inch-high, light-reflective letters on a contrasting background, an address or description of the location of the storage site; and
(f) In not less than one-inch-high, light-reflective letters on a contrasting background, the current minimum towing and storage fees per day for passenger vehicles charged by the towing business enterprise using the words "Auto: $ Min.Tow— $ Sta. Day."
(2) Except as provided in the last sentence of this division (A)(2), the property owner or lessor or any person authorized by the property owner or lessor shall provide written direction to tow or remove a vehicle, shall date and sign such direction in the presence of the natural person he/she is directing to tow or remove the vehicle, and shall provide a copy of same to the natural person he/she is directing to tow or remove the vehicle. The property owner or lessor or authorized agent thereof shall not be an officer, employee or agent of the wrecker and towing service requested to tow or remove the vehicle. No such instruction shall be considered to have been given by the mere posting of the notice as required by this section. No such instruction shall be considered to have been given by virtue of the mere terms of any contract or agreement between the property owner or lessor or authorized agent thereof and a wrecker and towing service. No such instruction shall be considered to have been given where the instruction is given prior to the actual unauthorized parking of the vehicle. No such instruction shall be considered to have been given where the instruction is general in nature and unrelated to a specific, individual and identifiable vehicle. The requirements of this division (A)(2), including but not limited to the requirement that direction to tow or remove a vehicle be given subsequent to the actual unauthorized parking of the vehicle, shall apply to multi-family residential properties with 30 or fewer dwelling units, except direction to tow need not be in writing and may be given by telephone, text message or other means of communication from the property owner, lessor or any person authorized by the property owner or lessor.
(3) Where the owner or custodian of such property does not have a written agreement with a particular towing company, he or she shall upon request, immediately and without demanding compensation, inform the owner or custodian of such vehicle or the authorized agent of such owner or custodian, of the name and storage facility location and telephone number of the person or company that has removed such vehicle.
(4) The wrecker and towing service shall furnish to the Police Department, the following information immediately upon towing or otherwise removing a vehicle from private property:
(a) Make, year, color, license number, VIN number and decal number towed.
(b) The address from which such vehicle was towed, the name of the person who ordered the removal of such vehicle and the time the vehicle was removed.
(c) The name and address of the wrecker and towing service and the location to which the vehicle was taken.
(d) The amount charged for the tow, not to exceed the allowable charge as established by the city from time to time.
(B) Any wrecker or towing service required to provide the information set forth in division (A)(4)(c) of this section, shall obtain the name of the person at the Police Department to whom such information was reported and shall note such name on the trip record of such wrecker and towing service.
(Ord. O-2013-09, passed 3-6-13) Penalty, see § 111.99