§ 30-475. Requirements for licensees and property owners pertaining to nonconsent tows from private property.

(a)

Each nonconsent tower must enter into a written contract with every owner of private property that authorizes the licensee to tow vehicles from its property. The licensee must keep on file each contract that is in effect with each property owner, or that was terminated within the previous twelve (12) months. The CSD, law enforcement officers, and the owner of the vehicle towed by the licensee may inspect and copy any such contract during business hours.

(b)

A property owner or his or her authorized representative may cause a vehicle parked without authorization upon the property owner's property to be recovered, towed or removed from such property by a person licensed pursuant to this article, and shall not incur liability for the costs of recovery, towing or removal or storage associated therewith, under the following circumstances:

(1)

When the property is appurtenant to and obviously a part of a single family residence property; or

(2)

When notice is personally given to the vehicle owner or other authorized person in control of the vehicle that the are in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles and subject to being removed as the expense of the vehicle owner or authorized person in control of the vehicle; or

(3)

When the vehicle has been parked without authorization on the property for more than forty-eight (48) hours; or

(4)

In the case of any other unauthorized parking when notice is prominently posted on the property as provided in Section 30-474(a) of this article; or

(5)

When the vehicle has been parked on the property for the principal purpose of displaying such vehicle for sale.

(c)

When any property owner or his or her authorized representative causes a vehicle to be recovered, towed, removed from his or her property and stored, he shall immediately upon request and without demanding compensation inform the vehicle owner or other authorized person in control of the vehicle of the name and address of the person that has recovered, towed or removed the vehicle.

(d)

No property owner or authorized representative shall request the recovery, tow, removal or storage of a vehicle pursuant to this section until he or she has first ascertained from the person providing the service the current towing license number of that person.

(e)

Nothing in this section shall permit any property owner or authorized representative to request the recovery, tow or the removal of law enforcement, fire fighting, rescue squad, ambulance or other emergency vehicles marked as such.

(f)

Any person who improperly causes a vehicle to be recovered, towed, removed or stored shall be liable to the vehicle owner or his authorized representative for the costs of the services provided, any damages resulting from the recovery, towing, removal or storage and attorney's fees.

(Ord. No. 89-67, § 1, 7-11-89; Ord. No. 93-130, § 1, 11-16-93; Ord. No. 94-108, § 2, 6-9-94; Ord. No. 03-176, § 1, 7-22-03)