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The Ogden City council makes the following findings:
A. Existing practices associated with providing notice to vehicle owners and drivers that their vehicle may be towed from private property are inconsistent from property to property.
B. Parking disputes involve two (2) competing private property rights which should be balanced: the property rights of the landowner and of the vehicle owner.
C. Remedies available to an owner of real property exist at law for trespass damages. Removal and retention of another's vehicle for a transitory trespass and holding another's vehicle as security for payment of a disputed debt without aid of court order or judgment, are extraordinary self-help remedies. Use of such extraordinary self-help remedies should be limited to circumstances where unequivocal notice is given and reasonable and timely means of vehicle recovery are provided.
D. The inconvenience and cost to owners and drivers of vehicles that are towed from private property without the vehicle owner's or operator's consent is significant, especially when such removal can frequently be avoided with more consistent notice procedures.
E. Owners of private property should have the ability to adequately control access to, and use of their on site parking by members of the general public.
F. It is in the best interest of vehicle owners and operators and private property owners for uniform standards to be in place throughout the city to control the nonconsensual removal of vehicles from private property.
G. Owners and operators of vehicles that have been nonconsensually removed from private property should be treated fairly so that they can retrieve their vehicle promptly.
H. Current ordinances have proven inadequate to deal with problems posed by nonconsensual towing from private property.
I. The purpose of this article is to standardize notice requirements prior to a nonconsensual vehicle removal from private property, to balance the interests of vehicle owners and operators with the interests of private property owners, and to provide methods whereby towing and booting services are performed in a way that protects the interests of the public.
(Ord. 2016-35, 6-21-2016)
As used in this article, the following terms shall have the designated meanings:
BOOTING SERVICE: The use by a person, association, company or other entity of a mechanical device attached to the wheel of a vehicle to immobilize or restrict the movement of the vehicle from private property.
CONTROLLED LOT: A parking facility that utilizes one or more of the following methods to control each public access to the facility and regulate the use of all of the individual parking spaces at the time a vehicle enters the facility:
A. A system with a physical barrier around the perimeter of the facility, including across each entry or exit to the facility that is not controlled by an arm, door or attendant, and:
1. A permanent physical feature, such as an operating arm or door that raises and lowers, that allows entry or exit of a vehicle to the facility and with or without a system that distributes tickets for public use; or
2. A booth or barrier staffed by an attendant at each entry or exit to the facility; or
B. A system with or without an on site payment system and with:
1. A physical barrier around the perimeter of the facility, not including openings for vehicle entry and exit;
2. A numbering system where each parking space is designated with a number, letter, or combination of numbers and letters affixed to the ground at the entry of the parking space or, in the case of residential property with more than four (4) dwellings, such as an apartment complex, condominium complex or a planned unit development with private streets, affixed on a structure directly over the entry to a parking space; and
3. A maximum width of any opening in the perimeter barrier not exceeding forty two feet (42').
PARKING FACILITY: A portion of a lot or lots within the city that has been set aside and designated for the parking of vehicles by customers, employees, invitees or residents associated with the use of the lot or lots. A parking facility does not include vehicle parking associated with a single-family dwelling, duplex, or multiple-family dwelling with three (3) or four (4) units.
PARTIALLY CONTROLLED LOT: A parking facility in which access and use to some, but not all, of the parking spaces meets the definition of a "controlled lot".
TOWING OPERATOR: An individual, association, company or other entity that provides vehicle removal or transport services from private property to an impound yard for a fee, including through use of a tow truck, wrecker, trailer or other means of transportation.
TOWING SERVICE: The removal of a vehicle from private or public property by a towing operator, beginning with the act of mechanically connecting a tow truck to the vehicle and ending with the release of the vehicle to the owner or the delivery of the vehicle to an impound yard.
UNCONTROLLED LOT: A parking facility that is not a controlled or partially controlled lot.
(Ord. 2016-53, 10-27-2016)
A. Police Department: Except when a vehicle is impounded under Utah Code Annotated section 41-6a-1408, it shall be unlawful for a towing operator to tow or otherwise move a vehicle within the city without the vehicle owner's knowledge unless the operator has provided the notification described in subsection B of this section and after complying with the other requirements of this article.
B. Notification Of Police Department: A towing operator who has towed or otherwise moved a vehicle within the city without the vehicle owner's knowledge shall contact the city police department immediately upon arriving at the place of storage or impound of the vehicle, and notify the department of the following:
1. The location of the vehicle;
2. The date, time, and location from which the vehicle was removed;
3. The reasons for the removal of the vehicle;
4. The person who requested the removal of the vehicle; and
5. The vehicle's description, including its identification number and license number.
(Ord. 2016-35, 6-21-2016)
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)
A written or telephonic request for the nonconsensual removal of a vehicle from a parking facility:
A. May be made by the owner, the owner's agent or employee in charge of the parking facility, or by the specific person for whom an individual space has been marked in accordance with section 5-8D-7 of this article, and who has personal knowledge of a violation of the private property parking regulations;
B. Shall certify the specific conditions of the private property parking regulations described on the sign required by section 5-8D-7 of this article that the vehicle is violating; and
C. May not be made by a person who is employed by, related to, or affiliated in any way with the wrecker or towing operator.
(Ord. 2016-35, 6-21-2016)
Each impound yard to which a vehicle is removed under this article shall:
A. Be located in Ogden City or within one mile of the city limits;
B. Comply with all applicable state laws and regulations;
C. Have one or more individuals on site during normal business hours, or if a request for release of a vehicle is made outside of normal business hours, who can respond to the yard within thirty (30) minutes of the request for release of the vehicle and who are authorized to receive payments and release the vehicle.
(Ord. 2016-53, 10-27-2016)
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