§ 19-236. Requirements for signs to be posted at commercial parking areas.

(a)

Definitions:

(1)

A "commercial parking area" is any land or structure used in connection with a business activity for the parking of vehicles and includes, but is not limited to:

a.

A parking area offered to the general public at a set rate, whether it be by the hour, day or month.

b.

A parking area reserved for the exclusive use of customers of a particular business.

c.

A parking area intended for the use of individuals who own or rent space in or who work at a particular business location.

(2)

"Entrance to the commercial parking area" is any opening to a commercial parking area which is capable of being used by a vehicle to affect ingress into the area where such opening is not marked with an exit sign conforming to the notice standards set out herein.

(b)

Scope. Every commercial parking area, except those which are offered to the general public at no charge, shall be subject to the notice provisions set out herein.

(c)

Notice required: The owner of a commercial parking area, or his agent, or the lessee of a commercial parking area, or his agent, shall give notice of the conditions under which the area may be used at every entrance of the commercial parking area. Such notice shall be given orally or in writing and shall include the following:

(1)

A statement specifying those persons who may park in the area and prohibiting all others.

(2)

The rates charged for parking in that area and the term of parking applicable to those rates, if the facility is offered to the general public.

(3)

Where unauthorized vehicles are to be towed from the area, the name and telephone number of the operator of the parking area or the name and telephone number of the party charged with removing unauthorized vehicles, together with the storage location of the vehicles.

(d)

Form of notice: The written notice required by this section shall be plainly visible to the public, shall be in English, and shall be in lettering of at least three (3) inches high.

(e)

Barriers.

(1)

The owner or lessee of a commercial parking area shall erect a physical barrier at every entrance and exit of such parking area constructed and maintained not less than twenty-six (26) inches in height from the ground surface of the parking area. If such physical barrier consists of a chain or cable, such chain or cable shall be attached to a supporting pipe or structure not less than twenty-six (26) inches above the ground surface of the parking area at each and every point of attachment. Said barrier is to be in place at any time the commercial parking area or the business or business building for which it provides exclusive parking for employees, tenants or customers is closed for business. The provisions of this paragraph shall not apply to commercial parking areas if the owner of said parking area, or his lessee, manifest the intention, by failure to construct a physical barrier, to allow the general public free parking at such times as the commercial parking area, the business establishment, or the business building for which it provides exclusive parking is not open for business.

(2)

It shall be an affirmative defense to any prosecution under this subsection that the commercial parking area is one that provides only parallel or "head in" parking such that any motor vehicle parked thereon directly abuts a public street without an intervening sidewalk, raised curb or structure between such parking area and a public street.

(f)

Towing vehicles from parking areas: Prior to the towing of any vehicle from a commercial parking lot, without the consent of the owner of that vehicle, the individual or towing company towing the vehicle shall notify the police department, radio message center, and provide the following information:

(1)

The individual or business organization authorizing the towing.

(2)

The name of the individual and the business organization towing the vehicle.

(3)

The make, model, color, and license number of the vehicle to be towed.

(4)

The location from which the vehicle is being removed and the location to which the vehicle will be towed.

(5)

The charge to be made for the tow.

(Code 1959, § 34-8.1; Ord. No. 45008, § 1, 3-6-75; Ord. No. 45055, § 1, 3-20-75; Ord. No. 45428, § 1, 7-3-75; Ord. No. 48015, § 1, 5-12-77)