§ 35-57. Prohibitions.

(a)

No towing or immobilization service shall tow or immobilize a vehicle when there is a natural person or live animal occupying the vehicle.

(b)

It is unlawful to tow or immobilize an emergency or law enforcement vehicle that is marked unless directed by law enforcement, code enforcement, or at the request of the owner or operator of the emergency vehicle.

(c)

A commercial vehicle that reasonably appears to be of the kind routinely used for delivery of mail, packages, supplies, or other products may not be immobilized or towed if it reasonably appears that the vehicle is parked at the location for purpose of making a routine delivery or providing other service for the property owner or its lessee, unless ordered by a code enforcement or law enforcement officer.

(d)

Tampering with an immobilization device that is lawfully attached to a motor vehicle is prohibited.

(e)

It is unlawful for a towing or immobilization service operator to tow or immobilize a vehicle from public property unless by written agreement with the governmental real property owner, lessee, or duly authorized agent; by order of law enforcement or code enforcement; or with the consent of the vehicle owner or authorized driver/agent. The towing or immobilization service shall bear the burden of proof of such agreement, order, or consent, except as otherwise allowed herein.

(f)

No vehicle parked on a public right-of-way or that obstructs access to a private driveway may be immobilized.

(g)

No towing or immobilization service shall pay or rebate money, or solicit or offer the payment or rebate of money or other valuable consideration, to property owners for the right to engage in vehicle immobilization or trespass towing from any property.

(h)

No towing or immobilization service shall employ or otherwise compensate individuals, commonly referred to as "spotters," who report the presence of unauthorized parked vehicles for purposes of immobilization or towing.

(i)

It is unlawful for any owner, manager, employee, or agent of a towing or immobilization service, while engaged in towing or storing of vehicles, to wear a law enforcement uniform or other indication or logo of law enforcement affiliation.

(j)

It is unlawful for any towing or immobilization service to demand a drop fee if the vehicle to which they are physically connected exceeds the gross vehicle weight capability of the tow truck.

(k)

It is unlawful for any person or towing or immobilization service to misrepresent, misstate, or provide false information on any documentation required by this article, including the tow data sheet, receipt, or bill issued pursuant to this article.

(Ord. No. 2014-24 , § 2, 9-9-14)