Sec. 7-516. Private parking areas-generally.

No person shall park a vehicle on any private property without the express or implied consent of the property owner. The property owner of any private parking area is deemed to have given consent to unrestricted parking by the general public in such parking area unless parking restrictions are otherwise posted in accordance with Section 7-517.

(Ord. No. 12055, § 1, 11-14-23)

Sec. 7-517. Required signs.

   (a)   To tow a motor vehicle from a private parking area, the following signs are required.

   (b)   The signs shall contain the following information:

   (1)   Warning-Private Property;

   (2)   Parking violators towed at owner's expense;

   (3)   Maximum cost to the violator, including storage fees and any other charges that could result from the disposition of a vehicle parked in violation of parking restrictions;

   (4)   Towing carrier phone number and address where vehicle can be located; and

   (5)   A reference to Tucson Code, Sections 7-514 through 7-528.

   (c)   The signs shall be located to put drivers on notice that the area restricts public parking:

   (1)   At each entrance to the private parking area, including each entrance to a multi-level parking garage and each entrance to a multi-family residential development where parking is not contiguous; and

   (2)   In surface private parking areas to be clearly visible and readable from any point in the private parking area.

   (d)   The size and height of signs shall be:

   (1)   At each entrance to a private parking area:

   (A)   Minimum size: twelve (12) inches by eighteen (18) inches.

   (B)   Height range above the ground: minimum height of three (3) feet and maximum height of six (6) feet.

   (2)   Within surface private parking areas:

   (A)   Minimum size: nine (9) inches by twelve (12) inches.

   (B)   Height range above the ground: minimum height of three (3) feet and maximum height of ten (10) feet.

   (e)   The minimum height range above the ground is measured from the bottom of the sign. The maximum height range above the ground is measured from the top of the sign.

   (f)   All signs shall:

   (1)   Be red and white or blue and white, except as provided below for property owners' associations;

   (2)   Be rigid and inflexible, and include those made of metal, sturdy plastic, or other material that resists bending;

   (3)   Be flat; and

   (4)   Be fade resistant and weather resistant.

   (g)   Signs located on private parking areas owned by a property owners' association in an area containing private streets shall conform to the requirements of subsection (f) above, except that the signs may have contrasting colors other than red and white or blue and white.

   (h)   Signs at each entrance to a private parking area shall be reflective.

   (i)   Signs shall be updated within 90 days of any changes in circumstances or the law.

   (j)   Signs are required to conform to this section six months after the effective date of the ordinance from which this article is derived.

   (k)   Additional signs regarding towing from private parking areas are permitted in conformance with the Tucson Code, including no parking signs, if the information on the signs does not conflict with the information required by subsection (b) above.

(Ord. No. 12055, § 1, 11-14-23)

Sec. 7-518. Exemption from sign requirements.

   Signs are not required to tow a motor vehicle left in a private parking area for more than seventy-two (72) consecutive hours. However, the Tucson Police Department shall be notified as specified in Section 7-521.

(Ord. No. 12055, § 1, 11-14-23)

Sec. 7-519. Permission to tow required.

   (a)   A person towing a motor vehicle from private property, including private parking areas, must have permission from the vehicle owner, or written permission from the property owner or the property owner's authorized representative, as follows:

   (1)   The property owner shall sign each towing order at the time of the towing, or

   (2)   The property owner shall enter into a written contract authorizing towing, with the following provisions:

   (A)   The property owner's name, representative's name, and phone numbers;

   (B)   The towing carrier's name, owner's or designee's name, and phone numbers, including a phone answered twenty-four (24) hours a day, seven (7) days a week;

   (C)   The date of the contract;

   (D)   The term of the contract does not exceed one (1) year; and

   (E)   The contract is not transferable between property owners or between towing carriers.

   (b)   When an authorized representative acts on behalf of the property owner, the representative shall show the written authorization, upon request, to a law enforcement officer. If requested, the towing carrier shall provide a copy of the written authorization to the law enforcement officer within one day (not including weekends or city holidays) of the request.

   (c)   A person towing a motor vehicle shall not act as the property owner's representative.

   (d)   The person towing a motor vehicle under this section shall show a copy of the current written contract, upon request, to a law enforcement officer. If requested, the towing carrier shall provide a copy of the current written contract to the law enforcement officer within one day (not including weekends or city holidays) of the request.

(Ord. No. 12055, § 1, 11-14-23)

Sec. 7-520. Photographic evidence of parking violation required.

   Prior to mechanically connecting a vehicle to a tow truck, the towing carrier shall 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. The photographic evidence shall include images of the vehicle that also contain the sign pursuant to Section 7-517, if applicable; images of the entire vehicle taken from each of the four corners of the vehicle; and the license plate or vehicle identification number (VIN). The towing carrier shall provide all images to the claimant, if requested.

(Ord. No. 12055, § 1, 11-14-23)

Sec. 7-521. Notice to Police Department required.

   (a)   Any person towing a motor vehicle from private property without permission from the vehicle owner shall notify the Tucson Police Department within one hour of mechanically connecting a vehicle to a tow truck.

   (b)   The person towing the motor vehicle shall provide the Tucson Police Department with the following information:

   (1)   The name and address of the vehicle owner, if known;

   (2)   The motor vehicle license number, vehicle identification number (VIN), and description;

   (3)   The reason the motor vehicle was towed;

   (4)   The street address of the impound lot where the motor vehicle will be taken;

   (5)   The name of the person that has or will tow the motor vehicle; and

   (6)   The towing carrier's name, address, and phone number(s), including a phone answered twenty-four (24) hours a day, seven (7) days a week.

(Ord. No. 12055, § 1, 11-14-23)

Sec. 7-522. Staging prohibited.

   A towing carrier is only authorized to tow a motor vehicle from the parked location directly to a property owned or leased by that towing carrier for the storage of vehicles.

(Ord. No. 12055, § 1, 11-14-23)