10.25.020 Nonconsensual towing from private property – Notice of violation from property owners.
(A) The owner or agent of the owner of the private property shall be deemed to have given consent to unrestricted parking by the general public in any parking area of the private property unless the parking area is posted with signs no smaller than 15 inches by 30 inches with letters at least one inch in height, readable from any point within the parking area and at each entrance, in both English and Spanish. The signs shall contain, at a minimum, the following:
(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; and
(4) Telephone numbers and addresses where the violator can locate the violator’s vehicle.
(B) It is unlawful for a private towing and recovery service to tow or transport a motor vehicle from private property without the permission of the owner or operator of the motor vehicle unless the private towing and recovery service receives a request from a law enforcement agency or the express written permission from the owner or the agent of the owner of the property that has complied with the requirements of subsection (A) of this section. The owner or 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 and has filed the contract at the City Police Department. The private towing and recovery service may not act as the agent of the owner.
(C) This chapter shall apply only to services performed while parties are actually engaged in the activities of a private towing and recovery service.
(D) The provisions of this chapter do not apply to abandoned or junk vehicles disposed of pursuant to A.R.S. Title 28, Chapter 11. (Ord. 202 § 1, passed 12-23-2003. Code 1982 § 10-7-2. Code 2012 § 74.02.)