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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)
A. Each sign required by this article must comply with the size, location, color, layout, and lettering height requirements of this section.
B. A towing operator may not perform a towing service and a booting service may not be performed at a controlled lot or the controlled portion of a partially controlled lot unless a sign prohibiting unauthorized vehicles is:
1. Facing and conspicuously visible to the driver of a vehicle that enters the facility;
2. A minimum of eighteen inches (18") wide by twenty four inches (24") high and made of reflective material;
3. Located, for a controlled lot, within three feet (3') of the right or left side of each driveway, curb cut, or entry through which a vehicle is able to enter the property, including an entry from an alley or other location abutting the property, except that the sign shall be located on the right side of the driveway, curb cut or entry if the opening is more than sixteen feet (16') wide and a sign shall be located on both sides of the driveway, curb cut or entry if the opening is more than thirty two feet (32') wide;
4. Located, for the controlled portion of a partially controlled lot, within three feet (3') of the right or left side of each driveway, curb cut or drive lane through which a vehicle is able to enter the controlled portion of the lot, including an entry from an alley or other location abutting the property, except that the sign shall be located on the right side of the driveway, curb cut or entry if the opening is more than sixteen feet (16') wide and a sign shall be located on both sides of the driveway, curb cut or entry if the opening is more than thirty two feet (32') wide;
5. Permanently mounted on a pole, post, permanent wall, or barrier on the property; and
6. Installed so that the bottom edge of the sign is no lower than three feet (3') and no higher than five feet (5') above ground level.
C. Each sign for a controlled lot or the controlled portion of a partially controlled lot must be designed and formatted with:
1. A bright red international towing symbol as contained in the 2009 edition of the "Manual On Uniform Traffic Control Devices", which is a solid silhouette of a tow truck towing a vehicle on a generally rectangular white background, at least four inches (4") in height, on the uppermost portion of the sign or on a separate sign placed immediately above the sign described in subsection B of this section;
2. The portion of the sign immediately below the international towing symbol having in white lettering at least two inches (2") in height on a bright red background, the words, as applicable:
a. "Towing And Booting Enforced/Remolque Y Cerradura De Rueda Forzado";
b. "Towing Enforced/Remolque Forzada"; or
c. "Booting Enforced/Cerradura De Rueda Forzado";
3. The next lower portion of the sign having in bright red letters, at least one inch (1") in height, on a white background:
a. A statement describing who may park on the property and prohibiting all others; and
b. The days and hours of towing and booting enforcement; and
4. The bottommost portion of the sign containing white lettering, at least one inch (1") in height, on a bright red background listing:
a. The internet website address that provides access to towing database information in accordance with Utah Code Annotated section 41-6a-1406;
b. The name and phone number of the towing operator that performs the towing service for the property; or
c. The name of the property owner and the phone number of the property manager or management office that is authorized to order the towing service.
D. The owner of a parking facility who complies with subsection C of this section may impose further restrictions on individual parking spaces within the controlled lot or the controlled portion of the partially controlled lot by installing or painting a weather resistant sign or notice on a pole, post, permanent wall, or permanent barrier so that the sign or notice is in front of a vehicle that is parked in the space and the rear of which is at the entrance of the space so that:
1. The top edge of the sign is no higher than six feet (6') above ground level;
2. The sign or notice includes an indication that the space is reserved for a particular unit number, person, or type of person and stating "Unauthorized Vehicles May Be Towed"; and
3. The letters on the sign or notice are at least two inches (2") in height and are in contrast to the color of the wall or barrier so they can be read during the day and at night. The letters are not required to be illuminated or made of reflective material.
E. A towing operator may not perform a towing service and a booting service may not be performed at an uncontrolled parking lot or the uncontrolled portion of a partially controlled lot unless:
1. The parking space occupied by the vehicle to be removed is marked with a sign:
a. At the end of the restricted parking space so that the sign is in front of a vehicle that is parked in the space and the rear of which is at the entrance of the space;
b. The letters of which are at least one inch (1") in height and are in contrast to the color of the curb, wall, or barrier so they can be read during the day and at night indicating that the space is reserved for a particular use, person, or type of person and stating in letters which are at least two inches (2") in height "Unauthorized Vehicles May Be Towed";
c. The letters of which are not required to be illuminated or made of reflective material;
d. The bottom of which includes, in letters at least one inch (1") in height:
(1) The internet website address that provides access to towing database information in accordance with Utah Code Annotated section 41-6a-1406;
(2) The name and phone number of the towing operator that performs the towing service for the property; or
(3) The name of the property owner and the phone number of the property manager or management office that authorized the towing service.
e. Permanently mounted on a pole, post, permanent wall, or permanent barrier; and
f. Installed so that the top edge of the sign is no higher than six feet (6') above ground level; or
2. A written notice of an intent to tow or remove said vehicle has been placed on the windshield or the front driver's side window of a vehicle by the private property owner or the owner's agent for a period of twenty four (24) hours prior to the towing or booting service.
(Ord. 2016-35, 6-21-2016; amd. Ord. 2016-53, 10-27-2016)
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