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)