§ 9.54.050. Tow-away from privately owned areas; signage, prerequisites and procedures for towing, storage and release.
A.
No vehicle may be towed from a privately owned area adjacent to a commercial enterprise (defined in this chapter to include condominiums, townhouses or multifamily dwellings when land use code requires ten or more off-street parking spaces) for violation of section 9.54.020 C.1. unless the person who controls, owns or possesses that area has conspicuously posted the area with signs as follows:
1.
Signs shall be no smaller than 30 inches by 30 inches, with letters a minimum of two inches high; and
2.
The sign or signs indicating the vehicle to be towed was parked unlawfully has been in place for at least 24 continuous hours, whether a new or replacement sign.
3.
Signs shall be posted in conspicuous locations clearly visible to a person seated in a vehicle parked in the prohibited area during the day and during the night by use of artificial illumination, reflective materials or other method. For off-street parking on privately owned areas, public parking facilities or lots that provide more than 20 parking spaces, and for a mobile home park, at least one sign shall be posted and clearly readable by the driver of a motor vehicle at each driveway into the parking lot, facility or mobile home park, not more than 10 feet from the public right-of-way or driveway.
4.
Signs shall:
a.
Describe the private area in which parking is prohibited;
b.
Describe the prohibited activity (parking in certain places, parking during certain hours, parking only for patrons, etc.); and
c.
State either:
i.
The telephone number for the tow operator at which information about a towed vehicle's location may be obtained, and the street address where the vehicle may be retrieved; or
ii.
A telephone number maintained by the property owner at which information about a towed vehicle's location may be obtained, and the property owner shall be responsible to:
(A)
Maintain the telephone number 24 hours per day, every day without exception;
(B)
Have the telephone number answerable by a natural person whom has information on where vehicles were towed and stored, or by an updated recording with current name(s), phone number(s) and street address(es) for the tow operator(s) providing tow services. If answered by a recording, the caller shall be able to leave a message and there shall be a call back response or other effective contact within one hour to identify the storage yard name, tow operator, contact number and street address where a towed vehicle may be retrieved.
B.
1.
It is the responsibility of the private property owner to ensure signs posted on private property adjacent to a commercial enterprise are in compliance with this section. When a private party impound (PPI) or nonconsensual tow is completed and the signage violates this section or is not posted, the property owner is subject to a civil fine under section 9.54.080.
2.
Tow operators shall not provide towing services to the owner of private property adjacent to a commercial enterprise under Section 9.54.020 C.1. in the absence of posted signage in compliance with and as required by this section.
C.
Private property impound (PPI) tow without signage. A tow operator shall not provide PPI or nonconsensual tow service from private property not adjacent to a commercial enterprise without first obtaining written authorization from the property owner, agent or lessee to provide the service. A person who owns, possesses or controls a private area not adjacent to a commercial enterprise where a vehicle is parked unlawfully as described in section 9.54.020 may cause such vehicle to be removed and towed to a vehicle storage yard at the expense of the owner of the vehicle.
1.
In a mobile home park, the owner of the park may only cause such vehicle to be removed and towed from the common areas and roadways of the mobile home park, and not from individual mobile home spaces and areas.
D.
Initiating a private party impound (PPI) or nonconsensual tow. A tow operator conducting a PPI or nonconsensual tow of a vehicle parked unlawfully as described in section 9.54.020 shall comply with this section.
1.
Prior to preparing a vehicle for tow service, a tow operator shall:
a.
Take a photograph of the vehicle, digital or otherwise, with the violation shown in the photograph;
b.
Inform the Anchorage Police Department of the intent to initiate a PPI or nonconsensual tow, remove a vehicle under this section, and request an incident number from APD. The tow operator shall obtain affirmative confirmation of the incident number from APD as soon as practicable but may commence preparations for the tow prior to such confirmation. Incident numbers shall be reported on any invoice or correspondence related to the towed vehicle;
c.
Ensure the written authorization of the private property owner or agent has been obtained in accordance with subsection C.; and
d.
Connect, hookup, attach or load the vehicle to be towed in compliance with 13 AAC 04.275 and other state or municipal law or regulation, exercising due care not to damage the vehicle to be towed.
2.
If the vehicle owner, operator or agent returns to the scene:
a.
While the tow operator is on scene but the vehicle to be towed is not loaded, the tow operator shall immediately inform the vehicle owner or agent of the amount of the unloaded on scene or curb release fee, and that the vehicle owner or agent is entitled to release of the vehicle upon payment. The tow operator shall release the vehicle upon payment of the unloaded on scene or curb release fee, provided the vehicle owner or operator is able to immediately cure the unlawful parking condition.
b.
When the vehicle to be towed is loaded, the tow operator shall halt the tow and immediately inform the vehicle owner or agent of the amount of the loaded on scene or curb release fee, and that the vehicle owner or agent is entitled to release of the vehicle upon payment of the loaded on scene or curb release fee without additional charge. If the vehicle owner or agent fails to provide payment in any one of the forms a tow operator is required to accept under subsection 9.54.030, the tow operator may proceed to tow the vehicle to a storage yard.
i.
Unloaded means the tow operator has arrived on scene but the vehicle to be towed is not loaded.
ii.
Loaded means the vehicle is attached to a commercial tow vehicle, and any of the wheels lifted off the ground or on a dolly or the deck of a flatbed. Attachment of all safety equipment, chains and tow lights is not necessary to be considered loaded for purposes of the on scene or curb release fee.
c.
The tow operator shall allow the vehicle owner, operator or agent reasonable access to the vehicle to retrieve personal items on the scene of the tow, if the owner, operator or agent does not obtain an on scene or curb release. The tow operator shall not charge a fee for this access as detailed in subsection 9.54.030 A.4. The tow operator may secure the vehicle prior to allowing such access.
E.
Transport and storing. A towing operator that removes a vehicle under this section shall immediately after the towed vehicle is placed into storage, and in any event not more than one hour after the arrival of the towed vehicle at a vehicle storage yard or facility, inform APD, by phone, facsimile, electronic or digital communications as directed by APD, of the incident number and the following information:
1.
The make, model year, if known, color and body type of the vehicle.
2.
The license plate number of the vehicle.
3.
The vehicle identification number (VIN number) of the vehicle.
4.
The business name and location of the storage facility where the vehicle is kept.
5.
The location from which the vehicle was towed and the time of its removal.
6.
Any other information which APD may reasonably request to aid in the identification of the vehicle or its owner.
F.
Vehicle storage and release or disposal. The vehicle may be retained at the storage facility until the owner thereof pays the towing, transport and storage service charges lawfully claimed by the towing operator. A tow operator shall not refuse to release a vehicle immediately upon payment of towing and storage charges in accordance with AS 28.10.502, regardless if other charges remain unpaid, except as provided in subsection J. The vehicle may be sold in the manner provided by law, if the vehicle is unclaimed. At the time an owner or agent appears to retrieve a vehicle from a vehicle storage yard, the tow operator shall provide the owner or agent the following:
1.
A copy of the written authorization, the photograph(s), and an invoice for payment of towing and storage fees. The invoice shall include the following information:
a.
The make, model, VIN and license plate number of the vehicle towed;
b.
The grounds for towing the vehicle;
c.
The time of day the vehicle was first observed or reported to the tow operator as parked in violation at or adjacent to the private property;
d.
The time of day the vehicle was towed; and
e.
An itemized list of fees owed.
2.
A copy of the Consumer Bill of Rights Regarding Towing.
G.
Failure to have the required signage at the time and location where the tow was initiated or to provide the required documentation to the vehicle owner at the time the owner retrieves the vehicle is grounds for a private cause of action for a full refund of the towing and storage fees and recovery of any other damages as provided by law.
H.
Tow operators shall provide a copy of the Consumer Bill of Rights Regarding Towing to the vehicle owner or agent immediately upon initial contact. A tow operator shall stock each tow vehicle, storage yard and business location with sufficient quantity of copies. If a tow operator maintains a website for its business, the website shall prominently display on the main page(s) a hyperlink to a copy of the Consumer Bill of Rights Regarding Towing.
I.
Animals inside of a towed vehicle shall be reasonably cared for and the tow operator shall make affirmative attempts to contact and notify the vehicle owner or agent of the animal and allow its retrieval. If the vehicle owner or agent has not confirmed an intent to retrieve the animal expeditiously within four hours of arrival at the storage yard or facility, the tow operator shall contact Anchorage Animal Care and Control to take possession of the animal. The tow operator shall maintain a record of the time and contact with Anchorage Animal Care and Control.
J.
The tow operator and impound yard are under no obligation to release a vehicle from on scene, curb release, or the storage yard to a person who clearly intends to operate the vehicle while under the influence of alcohol or drugs.
(AO No. 83-49; AO No. 85-31; AO No. 2005-84(S), § 2, 1-1-06; AO No. 2011-113(S), § 169, 11-22-11, eff. 12-22-11; AO No. 2014-137(S), § 1, 11-18-14; AO No. 2015-24 , § 1, 3-24-15)