(a) If an owner of private property posts on the property, in a conspicuous manner, a prohibition against parking on the property or conditions and regulations under which parking is permitted, no person shall do either of the following:
(1) Park a vehicle on the property without the owner’s consent;
(2) Park a vehicle on the property in violation of any condition or regulation posted by the owner.
(b) Except as provided in Sections 303.08 to 303.10 of the Codified Ordinances, and subject to the requirements of this section, the owner of private property or his authorized agent may remove, or cause to be removed any vehicle parked on the property in violation of a posted parking prohibition, condition or regulation.
(c) The owner of private property may create a private tow-away zone only if all of the following conditions are satisfied:
(1) The owner posts on his property a sign, that is at least eighteen inches by twenty-four inches in size, that is visible from all entrances to the property, and that contains at least all of the following information:
A. A notice that the property is a private tow-away zone and that vehicles not authorized to park on the property will be towed away;
B. The telephone number of the person from whom a towed-away vehicle can be recovered, and the address of the place to which the vehicle will be taken and from which it may be recovered;
C. A statement that the vehicle may be recovered at any time during the day or night upon the submission of proof of ownership and the payment of a towing charge in an amount not to exceed forty dollars ($40.00) and a storage charge in an amount not to exceed five dollars ($5.00) per twenty-four hour period.
(2) The place to which the towed vehicle is taken and from which it may be recovered is conveniently located, is well lighted, and is on or within a reasonable distance of a regularly scheduled route of one or more modes of public transportation, if any public transportation is available in the Village.
(d) If a vehicle is parked on private property that is established as a private tow-away zone in accordance with subsection (c) hereof without the consent of the owner of the property, the owner and the operator of the vehicle shall be deemed to have consented to the removal and storage of the vehicle, and to the payment of the towing and storage charges specified in subsection (c)(1)C. hereof, and the owner may recover the vehicle only upon submission of proof of ownership and the payment of such charges. However, if the owner or operator of the vehicle arrives after the vehicle has been prepared for removal, but prior to its actual removal from the zone, the owner or operator shall be given the opportunity to pay a fee of no more than one-half of the normal towing charge of the person who has prepared the vehicle for removal in order to obtain release of the vehicle. Upon payment of this fee, the vehicle shall be released to the owner or operator and upon release of the vehicle, the owner or operator shall move the vehicle so that it is not parked on the private property established as a private tow-away zone without the consent of the owner.
(e) No owner of private property located within the Village shall remove, or shall cause removal and storage of any vehicle pursuant to this section unless the tow truck or tow truck operator is licensed by the Village.
(g) If an owner of private property, or his authorized agent, removes or causes the removal of a vehicle from that property pursuant to this section, the owner or agent shall notify the police department of the Village of the removal and of the vehicle’s license plate number.
(Ord. 3-83. Passed 1-4-83.)
(h) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.