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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)
A towing operator, booting company, or impound yard operator, as applicable:
A. Shall release a vehicle that is in the possession of the towing operator if the owner, authorized operator, or authorized agent of the owner of the vehicle, is attempting to retrieve said vehicle before the vehicle is removed from the property and pays the fee established by Utah law.
B. May not require the owner, authorized operator, or authorized agent of the owner of the vehicle to sign any waiver of the owner's right to receive compensation for damages to the owner's vehicle as a condition of retrieving a vehicle that was removed without the vehicle owner's, operator's or agent's consent;
C. Shall, prior to mechanically connecting a vehicle to a tow truck for a nonconsensual towing service or booting a vehicle:
1. Document through the use of date and time stamped digital photography or digital video, the precise nature of the violation of the private property parking regulations; and
2. Document in writing the name of the private property owner or custodian who requested the nonconsensual towing operation or booting, the time the request for a towing operation was received, and the conditions of the private property parking regulations described on the sign required by section 5-8D-7 of this article that the vehicle was violating;
D. Shall maintain the information described in subsection C of this section for a period of one year and make the information available upon request to the driver or owner of the vehicle that was nonconsensually removed or booted, or to the vehicle owner or owner's agent, and to any authorized officer; and
E. Within the first seventy two (72) hours after a vehicle has been nonconsensually removed from private property or booted:
1. May only assess and collect the state authorized tow fee, including any applicable fuel surcharge, and daily storage fee; and
2. May not assess or collect additional storage or other fees, including an after hours fee or any other fee based on inconvenience to the wrecker, towing operator, booting company or impound yard, as a condition of releasing the vehicle.
F. Shall comply with state law.
(Ord. 2016-35, 6-21-2016)
A. A towing operator, impound yard, or any other person may not directly or indirectly give anything of value to a property owner, lessee, or agent of the owner in connection with:
1. An agreement or proposed agreement to provide nonconsensual removal and subsequent storage of a vehicle or vehicles from the property;
2. The nonconsensual removal and subsequent storage of a vehicle from the property; or
3. The booting of a vehicle located on the property.
B. A towing operator may not have a direct or indirect monetary interest in private property:
1. From which the towing operator for compensation conducts the nonconsensual removal of vehicles; or
2. On which a booting company for compensation installs boots on unauthorized vehicles.
C. A property owner, lessee, or an agent of a property owner, may not directly or indirectly accept anything of value from:
1. A towing operator in connection with the nonconsensual removal of a vehicle from the property; or
2. A booting company in connection with booting a vehicle in a parking facility.
D. A property owner may not have a direct or indirect monetary interest in:
1. A towing operator that, for compensation, conducts the nonconsensual removal of unauthorized vehicles from the property in which the property owner has an interest; or
2. A booting company that for compensation boots vehicles on property in which the property owner has an interest.
(Ord. 2016-35, 6-21-2016)
A. If any holder of business license for a towing operator, booting service or impound yard fails to comply with all applicable laws, ordinances and regulations provided in this article, the city may revoke such license or suspend the same until the licensee complies with said laws, ordinances and regulations.
B. A towing operator and impound yard may not collect and shall immediately refund any fees collected for a towing operation and impound conducted in violation of this article.
(Ord. 2016-35, 6-21-2016)
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