(a) Every applicant for a renewal of a license issued pursuant to § 20-496 of Chapter 2 of Title 20 of the New York City Administrative Code shall file with the application:
(1) A list of properties from which the licensee has contracted to tow vehicles. Such list shall include the address(es) from which the licensee has contracted to tow vehicles, the address to which such vehicles are towed, and the name, address and telephone number of the person(s) who contracted for the towing from each listed address; or,
(2) An affidavit stating that the applicant does not tow vehicles from private parking lots.
(b) Unless the licensee who has contracted to perform the towing has previously provided to the Department, in writing, the information required by subdivision (a)(1) of this section, within fifteen days of the execution of any contract for the towing of vehicles from private property, the licensee shall submit to the Department, in writing, the information specified in paragraph (a)(1) and not previously provided to the Department in writing.
(c) Within fifteen days of the date of the termination of any of its agreements to tow vehicles from private property, the licensee shall notify the Department, in writing, that the agreement has terminated and the date of such termination.
(d) A towing company shall not remove a vehicle from private property without the consent of such vehicle's owner or operator unless signs are posted on such property which are plainly visible and which contain the following information:
(1) The words "Warning!" and "Private Parking Lot"
(2) The words "Vehicles Subject to Towing"
(3) The conditions under which vehicles are subject to towing, including the hours and days when such towing may occur; and
(4) The name, address, telephone number, and DCA license number of the towing company that is authorized to tow vehicles from the property. The telephone number shall be within one of the telephone or cellular area codes assigned to telephones within New York City.
(5) The fees that will be charged for towing and storage, which shall not exceed the amounts specified in § 19-169.1(a) of the Administrative Code of the City of New York; and
(6) The hours during which the owners or operators of vehicles towed from such property may redeem towed vehicles, provided that such hours shall include all times during which vehicles may be towed from such property and at least 60 minutes after the latest time that vehicles are subject to towing from such property each day.
(e) (1) The signs required to be posted on private property pursuant to subdivision (d) of this section shall read substantially as follows (with the designated information to be inserted at the indicated spaces):
WARNING! (in red letters at least 5 inches high). PRIVATE PARKING LOT (in letters at least 2.5 inches high). (The following text shall be in letters at least 2 inches high.) PARKING PERMITTED {insert if applicable} FROM TO FOR (insert exact conditions under which parking is allowed*). VEHICLES ARE SUBJECT TO TOWING {insert if applicable} FROM TO (insert exact conditions under which vehicles are subject to towing**). $ Fees: (insert applicable lawful fee for towing and storage).*** (The following text shall be at least 3/4 of an inch high.) Towing performed by: (insert name of licensee). (Insert licensee's business address.) Consumer Affairs License Number: (insert licensee's license number) Call: (insert business phone number to release vehicle) to be called to release vehicle (or if applicable identify on site location where person can go to request the release of the vehicle). Redemption period: (insert applicable time during which vehicles may be redeemed.) DCA Complaint Number: (insert current telephone number). |
* The statement that "Parking permitted for patrons of [X, Y, Z stores] only" or a substantially similar statement that clearly identifies, by name, the store(s) that customers must be patronizing shall be used to describe the condition that parking is permitted only while at least one of the vehicle's occupant is patronizing an identified store or business establishment that is contiguous to such lot.
** A statement that "A vehicle is subject to towing if its occupants leave the private parking lot and no such occupant is patronizing any of the specified stores or business establishments for any reason or for any length of time" or a substantially similar statement shall be used to describe the condition that vehicles are subject to towing if all of its occupants leave the private parking lot and specified stores or business establishments for any reason or for any length of time.
*** The maximum amount to be paid to the towing company to release the towed vehicle, which amount may not exceed the charges authorized in § 19-169.1(a) of the New York City Administrative Code.
(2) The telephone number posted on the sign described in paragraph one of this subdivision shall be the telephone number that a person can call to request the redemption of the towed vehicle as provided in paragraph 6 of subsection (e) of this section.
(f) The background color for the signs specified in subdivisions (d) and (e) of this section shall be a color that is sharply distinct from both the red color used for the word "warning" as required in such subdivisions and the color of the text of such signs. The text of such signs shall be composed of capital block letters. The text and the background color of such signs shall be treated with a luminescent coating which shall make such text and such signs clearly visible twenty-four hours a day.
(g) The signs containing the information specified in subdivisions (d) and (e) of this section shall be placed in the following locations at or adjacent to the private property from which vehicles are towed:
(1) At each entry for vehicles, positioned so that the information on the sign is clearly and conspicuously visible to the driver as he or she drives the vehicle onto such private property.
(2) Along the outside perimeter of such private property and spaced so that signs are posted not more than 250 feet apart along the entire perimeter line of the private property, except that if a side along the perimeter is less than 250 feet from where a sign is required to be posted at an entrance or pedestrian access point, no such additional sign is required to be posted on such side. The top of each sign posted pursuant to this paragraph shall be not more than 8 feet nor less than 6 feet above the ground. Each such sign shall be positioned so that the required information is clearly and conspicuously visible to a person viewing it from the private property where vehicles are parked. The signs required to be posted pursuant to this paragraph are not required to be posted along the perimeter of the property where signs are posted pursuant to paragraph (3) of this subdivision and where pedestrian access to such private property is limited to the locations where such signs are posted.
(3) At each pedestrian exit from such private property to the adjacent street or sidewalk and at each point of pedestrian access from such private property to each store or business establishment that is contiguous to or near such private property, except that if the distance between entrances to adjacent stores or business establishments is 50 feet or less, such sign may be posted midway between the two adjacent entrances. The top of each sign posted pursuant to this paragraph shall be not more than 8 feet nor less than 6 feet above the ground. Each such sign shall be faced so the required information is clearly and conspicuously visible to anyone entering the store or business establishment from such private property.
(h) No tow operator shall remove a vehicle from private property without first obtaining written authorization from the owner of such property or the owner's agent who has been designated in writing to authorize such towing. The written authorization must be legible and shall include the date, time, location, make, model, color, and license plate number of the vehicle to be removed, and the name, title and signature of the person authorizing the towing. The licensee shall provide the owner or operator of the towed vehicle a copy of such authorization that also includes an itemized list of the fees that may be collected for the towing and storage of a vehicle towed from the property.