HomeMy WebLinkAboutOrd 1993-09® ORDINANCE NO. 93-09
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AMENDING
THE FOUNTAIN HILLS TOWN CODE, CHAPTER 12 TRAFFIC,
BY ADDING A NEW ARTICLE 4 PRIVATE PARKING, COW
SISTING OF SECTIONS 12-4-1 THROUGH 12-4-6 REGU-
LATING PRIVATE PARKING.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. That the Town Code of the Town of Fountain Hills, Chapter 12 Traffic,
is hereby amended to include a new Article 12-4 Private Parking, consisting of Sections
12-4-1 through 12-4-6 to read as follows:
Section 12-4-1 Private Parking Areas -- Generally.
No person shall park a vehicle in any private parking area without the express or
implied consent of the owner or person in lawful possession of such property.
Section 12-4-2 Consent; Notice to Public
® A. The owner or person in lawful possession of any private parking area shall
be deemed to have given consent to unrestricted parking by the general public in such
parking area unless such parking area is posted with signs as prescribed by this section
which are clearly visible and readable from any point within the parking area and at each
entrance thereto. The signs shall contain the following information:
1. Restrictions on parking.
2. That violator's vehicle will be towed away at violator's expense.
3. The telephone number of the Marshal's department and the
Maricopa County Sheriff.
4. Maximum cost to the violator, including storage fees and any other
charges that could result from the disposition of his vehicle parked
in violation of parking restrictions.
5. Each sign shall state "Fountain Hills Town Code Sections 12-4-1
through 12-4-6."
B. No person shall tow or transport a vehicle from a private parking area
unless the signs are posted as required by this section, and contain all the information
® specified in paragraph A.
Section 12-4-3 Permission Required to Remove Vehicles.
No person shall tow or transport any vehicle from a private parking area without
the permission of the owner or operator of the vehicle unless such person receives the
express written permission from the owner or agent of the owner of the private parking
area. The owner or his agent shall either sign each towing order or authorize the towing
by written contract which is valid for a specific length of time. The person towing or
transporting the vehicle may not act as the agent of the owner.
Section 12-4-4 Notice to Marshal and Sheriff.
A. Any person towing or transporting any vehicle from any private parking area
without the express permission of the vehicle owner, shall notify the Fountain Hills Town
Marshal and the Maricopa County Sheriff's office immediately upon the taking of such
action and provide the following information:
1. The name and address of the owner of the vehicle, if known.
2. The vehicle license number and description.
3. The reason the vehicle was moved without the permission of the
person parking such vehicle.
® 4. The location where the vehicle was taken.
5. The name, address and telephone number of the person or com-
pany that towed or transported the vehicle.
Section 12-4-5 Maximum Towing Charges, Twenty-four-hourVehicleRetrieval.
A. The maximum rate and charge for towing, transporting and impounding a
motor vehicle from private property without the permission of the owner or operator of
the vehicle shall be seventy-five dollars ($75.00).
B. No person towing or transporting the vehicle from a private parking area
shall charge any fee or amount in excess of the amount specified in this section.
C. Any person towing or transporting a vehicle from the private parking area
shall maintain personnel able and authorized to release any vehicle to its owner on a
twenty -four-hour basis seven (7) days a week.
Section 12-4-6 Penalties.
Violations of Sections 12-4-1 through 12-4-5 shall be punishable as set forth in
® Section 1-8.B of this Code.
PASSED AND ADOPTED THIS 20th DAY OF MAY, 1993.
Q=:L & -
John . Cutillo, Mayor
ATTEST TO:
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
William E. Farrell, Town Attorney
REVIEWED BY:
® Paul Nordin, Town Manager
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