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(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)
(a) When towing from private property without the vehicle owner's permission, if the vehicle owner or driver returns to the motor vehicle before the following occur, the attempt to remove the motor vehicle is an incomplete service call.
(1) The motor vehicle is fully secured on the tow truck;
(2) The motor vehicle is removed from the immediate area where it was parked; and
(3) The tow truck enters a public street.
(b) The person or towing carrier shall release the motor vehicle subject to an incomplete service call upon a person's claiming lawful possession of the motor vehicle and producing the keys to the motor vehicle. No payment or other proof of ownership or control shall be required before release.
(c) The person or towing carrier shall release the motor vehicle subject to an incomplete service call without charge.
(Ord. No. 12055, § 1, 11-14-23)
(a) No person shall tow a motor vehicle from a private parking area without the vehicle owner's permission, as required by Section 7-519, unless the property is properly posted with signs that conform to Section 7-517 and photographic evidence of the parking violation is obtained consistent with Section 7-520.
(b) No property owner of any private parking area shall permit towing unless the property is properly posted with signs that conform to Section 7-517.
(c) No property owner of any private parking area without signs that conform to Section 7-517 shall permit towing, except:
(1) On direction from the vehicle owner;
(2) On direction from a city police officer, police aide, or firefighter; or
(3) As exempted by Section 7-518.
(d) No person shall tow a motor vehicle from private property that is not a private parking area without the vehicle owner's permission, except:
(1) On direction from the property owner as required by Section 7-519; or
(2) On direction from a city police officer, police aide, or firefighter.
(e) Tows performed without subsequent notice to police, consistent with Section 7-521, shall be a violation of this article.
(f) No person shall drop, store, or hold a towed motor vehicle at any place between the parked location and the towing carrier's permanent impound lot, as required by Section 7-522.
(g) No person shall fail to exercise reasonable care when towing or storing a motor vehicle, as required by Section 7-523.
(h) No person shall fail to release a motor vehicle towed without the vehicle owner's permission immediately after the claimant has produced the documentation required in Section 7-524.
(i) No person releasing a motor vehicle after its being towed without the vehicle owner's permission shall require as a condition of release any documentation different from that permitted in Section 7-524.
(k) No person releasing a motor vehicle under this article shall hold the vehicle as security for payment of the charges.
(l) Ignorance of any violation under this section shall not be a defense in any prosecution brought under this article.
(Ord. No. 12055, § 1, 11-14-23)
(a) An act in violation of Section 7-527 is punishable as a class 1 misdemeanor.
(b) Fines for violations of this article include a maximum of one thousand dollars ($1,000) and up to six (6) months in jail or thirty- six (36) months of probation.
(1) The maximum charge for towing; or
(2) The actual charge collected by the towing carrier.
(d) The fines imposed from subsections (b) plus (c) above shall not exceed two thousand five hundred ($2,500).
(Ord. No. 12055, § 1, 11-14-23)