§ 995-302 — Tows from a parking lot

Sec. 995-302. - Tows from a parking lot.

(a) It shall be unlawful for a licensed tow business or tow truck operator to tow a vehicle from a parking lot unless the parking lot owner or the owner's authorized agent, present at the time of the tow, signs a contemporaneous specific written authorization for the tow of a vehicle. (b) The written authorization shall include the following information: (1) The make, model, year, vehicle identification number, and license plate number of the vehicle to be towed; (2) The address of the parking lot from which the vehicle is to be towed; (3) The signature and printed name of the person authorizing the tow; (4) A written statement indicating the date and time of the authorization, that the person authorizing the tow is the owner of the parking lot or the owner's authorized agent; (5) A written statement affirming that the owner of the parking lot will be liable for any damages which may be awarded to the owner of the towed vehicle if the vehicle is towed improperly; (6) A written statement describing why a vehicle was subject to tow; the statement shall describe how the vehicle was parked in a manner inconsistent with posted instructions, how the vehicle interfered physically with the conduct of normal business operations of the person who owns or controls the parking lot, or how the vehicle posed a threat to the safety or security of persons or property; and (7) Any other information deemed necessary by the license administrator. (c) For purposes of subsection (a) of this section, a tow business owner or employee, or tow truck operator, may not act as the parking lot owner's authorized agent. (d) Notwithstanding the provisions of subsection (c) of this section, a tow business owner or employee, or tow truck operator, may act as the parking lot owner's authorized agent if: (1) The parking lot is for multifamily rental dwelling which provides permit parking twenty-four (24) hours a day, seven days a week for its tenants or guests; (2) Parking permits, to be placed in vehicles, are provided to tenants at lease signing; a tow business shall obtain an affidavit from the property owner so stating, and it shall be kept pursuant to the provisions of section 995-307; (3) The parking permits are made to be easily identifiable and observable from outside the vehicle and; (4) Video or photographic documentation to attest to the propriety of the tow is made and kept as part of the authorization required under subsection (b) above.

(G.O. 26, 2011, § 1)