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(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)
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)
(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)
(a) A towing carrier shall exercise reasonable care when mechanically connecting a vehicle to a tow truck.
(b) A towing carrier shall exercise reasonable care when transporting a vehicle from the parked location to the towing carrier's permanent impound lot.
(c) A towing carrier shall exercise reasonable care to keep the towed vehicle and its contents safe and secure at all times, which shall include appropriate permanent fencing.
(Ord. No. 12055, § 1, 11-14-23)
(a) A motor vehicle towed pursuant to this article shall be immediately released to a claimant upon the production of a government issued photo identification and at least one of the following:
(1) A valid certificate of title in the claimant's name.
(2) Proof of current vehicle registration in the claimant's name, not including a restricted use three (3) day permit.
(3) A repossession affidavit, a hold harmless liability release from legal claims, and, if applicable, a proof of lien on the vehicle.
(4) An insurance company release pursuant to A.R.S. § 28-4847.
(5) A certified motor vehicle record.
(6) Proof of a bona fide security interest or other financial interest in the vehicle that exists at the time of the tow.
(7) A notarized letter by the vehicle owner allowing the claimant to retrieve the vehicle on the owner's behalf.
(b) A person in possession of a motor vehicle towed without the vehicle owner's permission shall assist a claimant, by retrieving ownership documents, including any of the documentation listed in subsection (a) above from the towed motor vehicle or by accompanying them while they retrieve documents from a towed motor vehicle, without charge.
(c) A person in possession of a motor vehicle towed without the vehicle owner's permission shall allow a claimant, with valid proof of ownership or authorization, immediate access to the towed motor vehicle, upon request, to assess the vehicle's condition and to retrieve personal property, without charge.
(d) A person in possession of a motor vehicle towed without the vehicle owner's permission may require a claimant:
(1) To provide a current address and phone number for billing.
(2) To sign an invoice for the motor vehicle claimed. However, the invoice shall only contain the following:
(A) The letterhead, name, and address of the towing carrier;
(B) The name and address of the claimant;
(C) The date and time when the motor vehicle was claimed;
(D) A description, including the license number, of the claimed motor vehicle; and
(E) A statement of the unpaid balance, if any.
(e) A person in possession of a motor vehicle towed without the vehicle owner's permission shall provide the claimant with information regarding billing and collection procedures. This information shall not contain any promissory note language.
(f) A person in possession of a motor vehicle towed without the vehicle owner's permission shall accept cash and credit and debit card payments for all fees. No person in possession of a motor vehicle towed without the vehicle owner's permission shall require exact change to release the vehicle.
(g) No person shall release any motor vehicle after having been advised by any law enforcement agency that the vehicle has been reported as stolen unless otherwise advised by law enforcement.
(Ord. No. 12055, § 1, 11-14-23)
(a) All services performed under this article shall be invoiced and paid in accordance with the maximum allowable DPS contract rate schedule for a metro area. Rates shall be set at the current rates as of the date of the tow.
(b) No charge shall be incurred for storage during the first calendar day in which the vehicle(s) is picked up. A calendar day is defined as midnight to midnight. After the first calendar day, the towing carrier may charge a storage fee in accordance with this article; provided, however, that the towing carrier must be available to release the vehicle during business hours (as defined in Section 7-525), either as part of their normal business operations or upon request by a claimant. If the towing carrier was not available to release during these times, no storage fee may be charged for that calendar day.
(c) The towing carrier must be able to release the vehicle within two hours of the claimant's request to retrieve the vehicle when this request is made at least two hours before the end of business hours, as defined in Section 7-525.
(d) For the purpose of determining after-hours charges, after-hours shall be the hours outside of business hours, as defined in Section 7-525.
(Ord. No. 12055, § 1, 11-14-23; Ord. No. 12099, § 2, 6-4-24)
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