Sec. 6.10.040. - Authority to tow or immobilize vehicles on private property; display of signs on and marking of property.
(a) Except as otherwise provided in subsection (e), an operator of a tow car or booting company shall not tow a vehicle from or boot a vehicle on private property at the request of the owner or person in lawful possession of the property, or a designated agent of the owner or person in lawful possession of the property, unless a sign or signs are displayed on the property in accordance with NRS 487.038, any applicable municipal and county ordinances and subsection (d). For purposes of this section, the operator of a tow car or booting company is not an authorized agent of the owner of the real property unless such company is a booting company under contract with the owner or the person in lawful possession of the property.
(b) In residential complexes, reserved parking spaces and areas in which parking is prohibited must be clearly identified and marked. In addition, tenants of a residential complex in which patrolling for the purpose of booting parking violators is not currently being used, must be notified in writing a minimum of 15 days prior to commencing such patrolling.
(c) If a sign is removed, destroyed or damaged, it must be replaced or repaired within a reasonable time. No vehicle shall be towed or booted until the sign or signs have been up for at least 24 hours.
(d) A sign or signs displayed on a parking lot pursuant to subsection (a) must:
(1) Be printed with contrasting white background and black lettering;
(2) Use uniform lettering legible to a person of normal visual acuity situated at least 25 feet distant from the sign;
(3) Be visible at night through the use of either direct or indirect lighting;
(4) Be placed on the parking lot in such a manner that it is in the field of view of all drivers entering and using the lot, be placed in a manner so that the center of the sign is neither less than three nor more than six feet above the surface of the lot and not be placed so that it is obscured or obstructed by an intervening object including a lawfully parked vehicle;
(5) Be of sufficient quantity and placement to notify all users of the lot of its parking restrictions; and
(6) Include the name and telephone number of the towing or booting company available to facilitate the recovery of the vehicle by the vehicle owner, and of the local law enforcement agency which is notified, and the charge made for the recovery of an impounded vehicle.
(7) Identify the business or businesses for which parking is allowed, or to which parking is restricted, in the subject parking area.
(8) In lieu of placing signs throughout the private street, lot or garage in which parking is restricted, a property owner and booting company will be deemed in compliance with this section if signs containing the information and format required by this section are conspicuously posted and maintained by the owner of the property at each designated entrance and exit of the property as to be readily visible and legible to a vehicle operator entering the property. If vehicular access to the property is not physically limited to a designated entrance and exit, the external boundary of the property must be designated by appropriate signage or marking of the pavement.
(e) This section does not apply:
(1) If the owner or person in lawful possession of private property or the designated agent of the owner or person in lawful possession of the property has entered into a written contract with the owner of the vehicle which describes the circumstances under which a vehicle may be towed or booted. For purposes of this section, the operator of a tow car or booting company is not an authorized agent of the owner of the real property unless such company is a booting company under contract with the owner or the person in lawful possession of the property;
(2) If the owner or person in lawful possession of private property, or designated agent of the owner or person in lawful possession of the property, requests that the vehicle be towed because it is parked in a "no parking" area such as a marked fire lane, red zone, travel lane of a roadway, driveway, lawn or any other area commonly recognized as a "no parking" area;
(3) If the property on which booting or towing occurs is residential real property upon which only a single-family dwelling is located;
(4) To towing or booting of a vehicle at the direction of a peace officer; or
(5) To the towing of a vehicle from an unimproved area or an area where no sign is displayed if a notice has been posted on the vehicle for not less than 24 hours.
(Ord. No. 4754, § 1, 6-10-97; Ord. No. 4830, § 2, 1-13-98; Ord. No. 6097, § 2, 3-11-09)