5-8D-8: DUTY OF VEHICLE OWNER:

If the owner, authorized operator, or authorized agent of the owner of the vehicle retrieves a vehicle before it has been removed from private property by a towing operator, such person shall immediately move the vehicle to a lawful location.

(Ord. 2016-35, 6-21-2016)

5-8D-9: DUTIES OF TOWING OPERATOR OR BOOTING COMPANY:

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)

5-8D-10: FINANCIAL INTEREST OF PROPERTY OWNER AND TOWING OPERATORS:

   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)

5-8D-11: REVOCATION OF LICENSE:

   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)

5-8D-12: TOWING AUTHORIZATION:

Nothing in this article shall be construed to authorize the towing and/or make any towing legal where such would otherwise be illegal, whether criminally or civilly.

(Ord. 2016-35, 6-21-2016)

5-8D-13: EXCLUSION:

The provisions of this article shall not apply to any towing of a vehicle or storage thereof:

   A.   Where such vehicle is being or has been impounded by the police department pursuant to title 10, chapter 8 of this code or by Utah law; or

   B.   Where the vehicle is removed from property pursuant to a violation of this code.

(Ord. 2016-35, 6-21-2016)