Chapter
32
TOWING
FROM PRIVATE PROPERTY[1]
Sec. 32-1. Definition.
For the purposes of this chapter,
"private towing carrier" means any person who commercially offers
services to tow, transport or impound motor vehicles from private property
without the prior permission of the owner or operator of such vehicle by means
or use of a truck or other vehicle designed for or adopted to that purpose.
(Code
1967, 33A-1)
Sec.
32-2. Maximum charges and fees; release
of vehicles.
(a) No
private towing carrier shall hold or attempt to hold any vehicle towed from any
location within the city without the consent of the owner or operator thereof
as security for accrued towing and storage charges. Any such vehicle shall be immediately
released, regardless of impound location, to the owner or operator thereof upon
the production of proof of ownership or agency, as hereinafter defined.
(b) For
the purposes of subsection (a), proof of ownership or agency shall be deemed
proven when the claimant displays an actual or photocopy of a vehicle
registration or title, whether current or not, for the impounded vehicle and
one of the following is provided:
(1) The claimant of the vehicle displays a
driver's license or any government piece of photographic identification,
whether current or not, issued by any state or other sovereign empowered to
issue such a license or identification, such license indicating the same last
name as that in which the vehicle is registered; or
(2) The claimant displays any piece of
photographic identification and written authorization from the owner, which
includes a copy of any government piece of photographic identification of the
owner and the keys to the impounded vehicle.
(c) Pursuant
to A.R.S. § 9-499.05 and this chapter, private towing carriers within this city
shall be subject to such maximum charges and fees as the council shall establish
by resolution (see Appendix A) at least every five (5) years. A private towing carrier is subject to such
maximum charges and fees and other regulations established in this section if
the vehicle being towed, transported or impounded is towed from private
property located within the corporate limits of this city.
(d) A
private towing carrier may require a claimant to provide a current address and
telephone number to assist such private towing carrier's billing and collection
process. No private towing carrier may
require as a condition precedent to the release of any vehicle documentation or
proof in excess of or different than that described in subsections (b) and (e) of
this section.
(e) A
private towing carrier shall require any claimant to sign a receipt for the
vehicle claimed; however, such receipt shall contain no language other than the
following:
(1) The name and address of the claimant;
(2) The name, address and letterhead of the private
towing carrier;
(3) The date and time at which the vehicle was
claimed;
(4) A description, including the license
number, of the claimed vehicle; and
(5) A statement of the unpaid balance, if any.
(f) A
private towing carrier shall provide the claimant with a copy of the receipt
and the private towing carrier’s billing and collection procedures.
(g) Notwithstanding
any of the foregoing provisions, no private towing carrier shall release any
vehicle after having been advised by any law enforcement agency that such
vehicle has been reported as stolen.
(Code
1967, § 33A-2; Ord. No. 999.2, § 1, 1-24-85; Ord. No. 2006.77, 1-4-07)
State law reference—Authority to regulate maximum rates of
towing motor vehicles from private property, A.R.S. § 9-499.05.
Sec.
32-3. Repealed.
(Code
1967, § 33A-3; Ord. No. 2006.77, 1-4-07)
Sec.
32-4. Notice to police.
No private towing carrier shall tow or
transport any vehicle without the express permission of the owner thereof,
unless the private towing carrier has notified the city police department
within one hour after towing or transporting the vehicle and provided the
following information:
(1) The name and address of the owner of the
vehicle, if known;
(2) The
vehicle license number, vehicle identification number (VIN) and description;
(3) The reason the vehicle was moved without
the owner's permission;
(4) The
location where the vehicle was taken; and
(5) The name and address of the person or
company that towed or transported the vehicle.
(Code
1967, § 33A-4; Ord. No. 2006.77, 1-4-07)
Sec.
32-5. Authority to tow.
It shall be unlawful for a private
towing carrier to tow or transport a motor vehicle from private property
without the permission of the owner or operator of the vehicle unless such private
towing carrier receives a request from a law enforcement agency or the express
written permission from the owner of the property or the agent of the owner,
who has complied with requirements of this section. The owner or the owner’s agent shall either
sign each towing order or authorize the tow by a written contract which is
valid for a specific length of time. The private towing carrier may not act as
the agent of the owner. A copy of the
written contract shall be made readily available to the law enforcement agency
upon request and include the owner’s or owner’s agent name and current
telephone numbers.
(Code
1967, § 33A-5; Ord. No. 2006.77, 1-4-07)
Sec.
32-6. Notice to public of right to tow.
(a) The
owner or person in possession of any private parking area shall be deemed to
have given consent to unrestricted parking by the general public in such
parking area unless such parking area is posted with signs as prescribed by
this section which are clearly visible and readable from a distance of fifty
(50) feet away and at all points of entry.
The owner of a subdivision or area containing private streets may
prohibit parking on one or both sides of the street if signs as prescribed by
this section are posted at each entrance to the subdivision or area and near
every intersecting street at a location where the sign is visible and readable
upon entry to any such street from the intersecting street. Such signs shall contain, at a minimum, the
following information:
(1) Restrictions on parking;
(2) Disposition of vehicles found in violation
of parking restrictions;
(3) Maximum cost to the violator, including
storage fees and any other charges that could result from the disposition of
his vehicle parked in violation of parking restrictions;
(4) Telephone number and address where the
violator can locate his vehicle; and
(5) Each sign shall state, "Tempe City
Code, Section 32-6."
(b) Signs
will be a minimum of twelve (12) inches by eighteen (18) inches in size and
will be mounted at a minimum height of five (5) feet and a maximum height of
ten (10) feet above the ground.
(c) No
private towing carrier shall tow a vehicle from a private parking area unless
the signs are posted as required by this section and conform with subsections
(a), (b) and (e).
(d)
This
section shall not apply to any vehicle left in a private parking area for over seventy-two
(72) consecutive hours. The owner or
person in possession of any private parking area in which a vehicle has been
left for over seventy-two (72) consecutive hours shall comply with § 32-4
provisions of this chapter before towing such vehicle.
(e)
The
private towing carrier shall post a sign with a minimum one inch lettering with
the maximum charges and fees as established by council resolution (see Appendix
A) at the main business entry of the impound location.
(Code
1967, § 33A-6; Ord. No. 992.3, 3-28-85; Ord. No. 2006.77, 1-4-07)
Sec.
32-7. Charging excess fees.
(a) No
private towing carrier shall charge any fee or charge in excess of those
established by resolution enacted pursuant to this chapter.
(b) Ignorance
of the maximum charge or fee established by council resolution shall not be a
defense in any prosecution brought under this chapter.
(c) No
private towing carrier shall charge for or seek compensation for any service
not specifically listed or set forth in a resolution enacted pursuant to this
chapter.
(Code
1967, § 33A-7; Ord. No. 2006.77, 1-4-07)
Sec.
32-8. Service calls.
For the purposes of this chapter and of
any resolution adopted pursuant to § 32-2, the phrase "service call not
resulting in the towing of a vehicle" shall mean any occurrence or set of
circumstances wherein the vehicle subject to towing has not been removed from
the property upon which such vehicle was unlawfully or improperly parked prior
to demand for the release of such vehicle by the owner or operator thereof. If the driver or owner of the vehicle returns
prior to the removal of the vehicle from the property, the private tow carrier
shall release the vehicle and no fee shall be charged.
(Code
1967, § 3A-9; Ord. No. 2006.77, 1-4-07)
Sec.
32-9. Violation; penalties.
Violations of this chapter shall be
punishable as set forth in § 1-7 of this code, except for violations of § 32-5,
which shall be subject to a minimum civil fine/penalty of two hundred fifty
dollars ($250) and a maximum civil fine/penalty of one thousand dollars
($1000).
(Code
1967, § 33A-10; Ord. No. 992.2, § 1, 1-24-85; Ord. No. 2001.17, 7-26-01; Ord.
No. 2006.77, 1-4-07)