§ 24-211. Towing rules and regulations.

(a)

It shall be unlawful to tow or transport a motor vehicle from private property without the permission of the owner or operator of the vehicle except upon request from a law enforcement agency or the express written permission from the private property owner who has otherwise complied with this section. The private property owner shall either sign each towing order or authorize the tow or transport by a written contract that is valid for one year or less and contains a provision allowing cancellation of the contract upon thirty (30) days written notice to the private towing carrier by the private property owner.

(b)

It shall be unlawful to tow or transport a motor vehicle from private property without the permission of the owner or operator of the vehicle unless the private towing carrier carries in the tow truck and displays to an officer, upon request, a copy of at least one of the following documents:

(1)

A signed towing order from the private property owner; or

(2)

A current written contract between the private towing carrier and the private property owner.

(c)

A private property owner of any private parking area shall be deemed to have given consent to unrestricted parking by the general public in such private parking area unless such private parking area is posted with signs as prescribed in this section which are clearly visible and the whole content of which is readable from every parking location within the private parking area. Such signs shall contain, at a minimum, the following information:

(1)

Restrictions on parking.

(2)

Disposition of vehicles found in violation of the parking restrictions.

(3)

Maximum cost to the violator, including storage fees and any other charges that could result from the disposition of a vehicle parked in violation of parking restrictions, which cost shall not exceed the limitations set forth in subsection (f) of this section.

(4)

The name of the private towing carrier and the telephone number and address where the violator can locate the violator's vehicle.

(5)

Each sign shall state "Glendale City Code Sec. 24-211".

(d)

A private towing carrier shall not tow or transport a vehicle from a private parking area unless signs are posted as required by this section, nor shall the private towing carrier charge fees in excess of the amounts specified on the signs.

(e)

No person shall tow or transport any vehicle without the express permission of the owner thereof, unless he notifies the police department immediately upon towing or transporting the vehicle and has provided the police department with the following information:

(1)

The vehicle license number, vehicle identification number and description;

(2)

The reason the vehicle is to be towed or transported without the vehicle owner's permission and from whose authority the vehicle is to be towed or transported;

(3)

The location from where the vehicle is to be towed or transported;

(4)

The driver's first and last name, company name and company address, company business address of the driver that intends to tow or transport the vehicle, and a phone number which will be answered by a live person twenty-four (24) hours a day, every day of the year;

(5)

The location at which the vehicle will be stored.

(f)

The fee which may be charged by a private towing carrier for, or in connection with, a tow or transport from any private driveway, private property or private parking area, without the express permission of the owner or operator of the vehicle shall not exceed the lesser of:

(1)

The total charge to tow a vehicle, including all related services, which has reached the storage area, shall not exceed the maximum amount set forth by resolution of the city council pursuant to Section 2-2.

(2)

The total charge to load, unload and transport a vehicle for which demand to release has been received at any point during transit shall not exceed the maximum amount set forth by resolution of the city council pursuant to Section 2-2.

(3)

The total charge to open up the business after normal business hours to return a vehicle and all activities associated with that return of the vehicle after hours shall not exceed the maximum amount set forth by resolution of the city council pursuant to Section 2-2. The total charge to open up the business after normal business hours for any other reason shall not exceed the maximum amount set forth by resolution of the city council pursuant to Section 2-2.

(4)

The charge to store the vehicle shall not exceed the maximum amount set forth by resolution of the city council pursuant to Section 2-2. For purposes of this paragraph the charge may be assessed for each calendar day or portion of a calendar day that the vehicle is stored, excluding the day of release if the day of release is subsequent to the first day of storage. Notwithstanding the foregoing, no storage charge may be made for a day for which:

a.

The vehicle is recovered within two (2) hours of its delivery to the storage location from which it is released.

b.

Access to the vehicle was not available for a consecutive eight-hour period.

c.

The vehicle was not available for release for two (2) consecutive hours after the vehicle reached the storage location from which it was released.

d.

The vehicle is recovered within the first two (2) hours that the storage was open for the recovery of that vehicle, if that day represents the first day that the vehicle was available for release for a consecutive two-hour period after it reached the storage location from which it was released.

(g)

It shall be unlawful to ask for or demand payment of a charge under any of the following circumstances:

(1)

In connection with providing such access as may be necessary to view, prepare for removal or to remove the vehicle,

(2)

For recovery of personal items which were located inside the vehicle,

(3)

For preparing documents to release the vehicle,

(4)

For the removal of a license plate,

(5)

For providing information to a lien holder,

(6)

For providing information to an owner, family member of an owner or owner's agent who calls about a car,

(7)

For other services necessary for the vehicle's release, or

(8)

For opening the business during other than normal business hours so long as the person claiming the vehicle arrived at the premises during normal business hours.

(h)

The towing carrier shall respond in a timely manner to a request from a person to retrieve an ownership document from a vehicle that is being held by the towing carrier. If the towing carrier fails to respond or does not respond in a timely manner, the towing carrier shall forfeit the storage charges from the time of the request until the vehicle is released back to the owner or the documents are given to the person making the request.

(i)

Every private towing carrier shall post signs at the office and every entrance on every lot where vehicles are stored. Such signs shall be at least 17″ × 22″ in size. Such signs shall display, in a font size of one (1) inch or larger, the maximum fee which may be charged for each one of the following:

(1)

Towing,

(2)

Load and unloading at the tow location or while in transit,

(3)

The daily storage charge,

(4)

For each day of the week, the normal business hours, if any, and

(5)

The charge for opening the business during other than normal business hours to release a vehicle.

(j)

After owner inspection and contingent upon the transfer of possession, the private towing carrier may require any person claiming a vehicle to sign a receipt for the vehicle claimed, provided however, that such receipt shall contain only the following information:

(1)

The name and address of the person claiming the vehicle;

(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.

(k)

The maximum towing charges set forth in subsection (f) above shall apply to the towing, transport and/or storage of a vehicle with a gross vehicle weight of ten thousand (10,000) pounds or less. For a vehicle with a gross weight of more than ten thousand (10,000) pounds but less than or equal to twenty-six thousand (26,000) pounds, the maximum towing, transport and storage fees set forth above may be increased by not more than two (2) times. For a vehicle with a gross vehicle weight in excess of twenty-six thousand (26,000) pounds, the maximum towing, transport and storage fees set forth above may be increased by not more than four (4) times.

(l)

In addition to any criminal or civil liability incurred by violation of this code, a private towing carrier demanding or charging a fee in excess of the fees permitted by this subsection shall forfeit its claim to any fee in connection with the towing, transport and/or storage of the vehicle.

(m)

The owner, or any person authorized to represent the owner, of a vehicle being towed or transported pursuant to this section may demand the release of the vehicle at any time prior to or during the towing or transport of the vehicle to a storage area. Upon such demand, the towing or transportation of the vehicle shall be considered complete and the private towing carrier shall release the vehicle pursuant to the requirements of this section.

(n)

Upon request from the private towing carrier, the owner, or any person authorized to represent the owner, of a towed, transported, or stored vehicle, shall provide proof of vehicle ownership prior to release of the vehicle. No private towing carrier shall hold or attempt to hold any vehicle towed without the consent of the owner of the vehicle as security for accrued towing or other charges, or require the owner of a vehicle to give any security as a condition precedent for the release of such vehicle. A private towing carrier may use proof of vehicle ownership to assist in the billing and collection of towing, transport and/or storage charges.

(o)

Notwithstanding any other provision of this section, an abandoned vehicle may be towed from any private parking area pursuant to a written order from the private property owner. The private property owner must sign the towing order, which shall specify each vehicle to be towed and shall not authorize the towing of an unknown vehicle at a future date. A private towing carrier shall not tow or transport an abandoned vehicle unless the towing order is in its possession.

(p)

In addition to any criminal or civil liability incurred for violation of this code, any private towing carrier removing a vehicle under the authority of this section who fails to comply with each and every provision of this section shall forfeit its claim to a towing charge, a storage charge, or any other charge of any description whatsoever, for or in connection with that tow, transport and/or storage.

(q)

It shall be unlawful to attempt to collect a towing charge, a storage charge, or any other charge of any description, from the owner of a vehicle, or the agent of the owner of a vehicle, that was towed in a manner that was not in full compliance with this section.

(r)

The city court shall notify the tax and license manager of each and every conviction of a private towing carrier pursuant to this article and each and every conviction or violation of a private towing carrier pursuant to Chapter 21, Article I. Upon being notified that any private towing carrier has been convicted or found in violation two (2) or more times of any combination of violations of this Article XVI or Chapter 21, Article I, within a twenty-four (24) month period, the city tax and license manager shall revoke such private towing carrier's special regulatory license for a period of six (6) months. For purposes of this subsection, any convictions arising out of a single transaction or event shall be deemed to be one conviction.

(Ord. No. 2604, § 4, 11-27-07)