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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)
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)
A. Any person who violates any of the provisions of this article may be charged with a class C misdemeanor and, upon conviction thereof, shall be punished as set forth in title 1, chapter 4, article A of this code.
B. A person is subject to a civil penalty pursuant to title 1, chapter 4, article B of this code of five hundred dollars ($500.00), and no warning period applies, for a violation of:
1. Subsection 5-8D-4A6 of this article;
2. Subsection 5-8D-4A7 of this article;
3. Subsection 5-8D-4A8 of this article;
4. Subsection 5-8D-7B of this article;
5. Subsection 5-8D-7E of this article; or
6. Section 5-8D-9 of this article.
C. Failure of a person to correct a violation of this article not described in subsection B of this section, after notice of violation and expiration of any applicable warning period, may be enforced by imposition of the following daily civil penalties pursuant to title 1, chapter 4, article B of this code:
1. The first civil citation issued after expiration of the warning period shall subject the responsible party to the initial penalty of one hundred twenty five dollars ($125.00).
2. The second civil citation issued after expiration of the warning period and the prior imposition of the initial penalty shall subject the responsible party to the intermediate penalty of two hundred fifty dollars ($250.00).
3. Any subsequent civil citation issued after expiration of the warning period and the prior imposition of the intermediate penalty, or any reoccurring violation under section 1-4B-6 of this code, shall subject the responsible party to the maximum penalty of five hundred dollars ($500.00).
(Ord. 2016-35, 6-21-2016)