A. Private Property: It shall be unlawful for a towing operator or any other person to tow or otherwise move a vehicle or authorize the removal thereof from any private road or driveway or from any other privately owned land or property within the city limits without the consent of the owner or operator of the vehicle, unless:
1. The towing operator is acting as an agent for a legal repossession of a motor vehicle;
2. The vehicle is parked on private property in violation of another provision of this code and the property owner has been given notice of the violation and an opportunity to remove the vehicle;
3. The vehicle is parked on real property occupied by a single- family dwelling, duplex, or multiple-family dwelling with three (3) or four (4) units, including in the driveway, the drive approach or an easement of ingress and egress to the property, and the vehicle operator is:
a. Not within the vehicle; and
b. Not an invitee of the owner or a legal occupant of the real property;
4. The vehicle is an abandoned vehicle as defined in Utah Code Annotated section 41-6a-1408;
5. The vehicle is parked in a location where parking is prohibited by law or where it is reasonably apparent that the location is not open to parking under any circumstances;
6. The vehicle is parked on private property, including in an uncontrolled, controlled or partially controlled lot, and a written notice of an intent to tow or remove said vehicle has been placed on the windshield or front driver's side window of said vehicle by the private property owner or the owner's agent for a period of twenty four (24) hours prior to the towing service;
7. The vehicle is parked in a controlled lot or in a controlled portion of a partially controlled lot, and:
a. The owner or operator of the facility has posted signs meeting the requirements of section 5-8D-7 of this article;
b. At least fifteen (15) minutes have passed since the vehicle is observed in violation of the private property parking regulations described on the sign required by section 5-8D-7 of this article;
c. The owner, operator or agent of the owner or operator of the facility makes a written or telephonic request for each towing service of a particular vehicle that complies with section 5-8D-5 of this article; and
d. The vehicle is removed to an impound yard that complies with section 5-8D-6 of this article; or
8. The vehicle is parked in an individually marked space of an uncontrolled parking lot or in an individually marked space in the uncontrolled portion of a partially controlled lot, and:
a. The owner or operator of the facility has posted signs meeting the requirements of subsection 5-8D-7E of this article;
b. At least thirty (30) minutes have passed since the vehicle is observed in violation of the private property parking regulations described on the sign required by section 5-8D-7 of this article;
c. The owner, operator or agent of the owner or operator of the facility makes a written or telephonic request for each towing service of a particular vehicle that complies with section 5-8D-5 of this article; and
d. The vehicle is removed to an impound yard that complies with section 5-8D-6 of this article.
B. Other Lawful Remedies Permitted: Nothing in this article restricts a private property owner from pursuing any other lawful remedy to which such person may be entitled when a vehicle is parked on the owner's property without permission, including an action or claim for trespass or the collection of financial penalties or damages from the vehicle owner or operator.
(Ord. 2016-53, 10-27-2016)