§ 26-231. Notice requirements for removing and immobilizing vehicles/vessels from and on private real property.

(a)

Tow truck or immobilization companies duly permitted under this article may recover, tow, immobilize or remove a vehicle/vessel or provide storage in connection therewith upon the prior express instruction of a real property owner or authorized agent, on whose property the vehicle/vessel is abandoned or parked without the authorization of the owner or other legally authorized person in control of that vehicle or vessel, provided that the following requirements are satisfied:

(1)

Notice shall be prominently posted on the real property from which the vehicle/vessel is proposed to be removed or immobilized and shall fulfill the following requirements:

a.

A light reflective sign shall be prominently placed at each driveway access/entrance or curb cut allowing vehicular access to the real property, within five (5) feet from the public right-of-way line. If there are no curbs or access barriers, the signs shall be posted not less than one (1) sign for each twenty-five (25) feet of lot frontage. The sign shall be permanently installed not less than four (4) feet and not more than six (6) feet above ground level and shall be continuously maintained on the real property for not less than twenty-four (24) hours prior to the towing, immobilization or removal of any vehicle/vessel(s).

b.

The light reflective sign shall clearly display in not less than two-inch high letters on a contrasting background, the words "UNAUTHORIZED VEHICLES WILL BE TOWED AWAY AT THE OWNER'S EXPENSE". The words "TOW-AWAY ZONE" must be included on the light reflective sign in not less than four-inch high letters on a contrasting background. If the property owner has authorized the immobilization of vehicles the sign shall read "UNAUTHORIZED VEHICLES WILL BE TOWED AWAY OR IMMOBILIZED AT THE OWNER'S EXPENSE".

c.

The light reflective sign shall clearly indicate, in not less than two-inch high letters on a contrasting background, the days of the week, and hours of the day during which vehicles/vessels will be immobilized or towed away at the owner's expense; and the name, address and current telephone number of the tow truck or immobilization company performing the towing or immobilization service.

(2)

Light reflective signs must be maintained or replaced so that they are clearly visible, legible and light reflective at all times. The real property owner is responsible for providing, maintaining, replacing, and removing signs, as necessary. Failing to provide, maintain, replace and/or remove the signs in accordance with this section is a violation of this article.

(3)

Startup: All new private property towing or immobilization contracts must comply with the light reflective sign requirements beginning three (3) months after the effective date of this article. All other "Tow Away" signs for previously existing contracts must comply with these requirements, as signs are replaced, but no later than three (3) years after enactment of this article.

(4)

The posting of notice requirements of this section shall not be required where:

a.

The real property on which a vehicle is parked is property appurtenant to and obviously part of a single-family type residence; or

b.

Written notice is personally given to the vehicle/vessel owner or authorized driver/agent that the real property on which the vehicle/vessel is or will be parked is reserved or otherwise not available for unauthorized vehicles/vessels and is subject to being removed or immobilized at the vehicle owner's expense.

(b)

When any real property owner instructs a vehicle/vessel to be recovered, towed, immobilized or removed from his or her property and stored, she/he or a designated representative authorizing the tow or immobilization shall sign their name and print their driver's license number on the tow/immobilization ticket and include a vehicle condition report and a visual inventory list thereon. Companies that do not remove the vehicle from its location and are only providing immobilization services are not required to include an inventory of the contents of the vehicle/vessel. Immediately upon request, and without demanding compensation, the real property owner shall inform the vehicle owner or other authorized person in control of the vehicle/vessel of the name and address of the tow truck or immobilization company that has recovered, towed, immobilized or removed the vehicle/vessel.

(c)

If the vehicle/vessel owner or authorized driver/agent arrives at the scene prior to the vehicle/vessel being removed, immobilized or towed from the property, the vehicle/vessel shall be disconnected from the tow truck or the immobilization device shall be removed and the vehicle/vessel owner or authorized driver/agent shall be allowed to remove the vehicle/vessel without interference upon the payment of a reasonable service fee of not more than one-half (½) of the posted rate for such towing service (drop charge), for which a receipt shall be given, unless that person refuses to remove the vehicle/vessel, which is unlawfully parked. In the case of an immobilized vehicle, the drop charge would be one-half of the established fee. No service fee shall be demanded or paid if the vehicle was in the process of being immobilized but not yet connected to the immobilization device. The bill/invoice must be presented to the vehicle/vessel owner authorized/driver/agent prior to request for the payment. In the event the owner/driver of the vehicle/vessel is occupying the vehicle/vessel and refuses to vacate same, in addition to the drop charge, a tow truck company/driver is permitted to charge extra time at the scene where law enforcement involvement is necessary and the tow truck driver obtains the name of the law enforcement agency, case number of the law enforcement agency and the name and badge number of the investigating law enforcement officer. The tow truck driver shall also prepare detailed documentation/explanation as to why "extra time at scene" charges were required. All documentation shall be provided to the vehicle/vessel owner or authorized agent upon demand.

(Ord. No. 2008-47, § 6; Ord. No. 2009-60, § 5; Ord. No. 2010-30, § 4)