§ 90.226. Vehicles not to be towed unless signs posted.

(a)

It is unlawful for a person who owns or controls a parking facility to cause or permit a non-consent tow of a vehicle from the parking facility if signs prohibiting the parking of unauthorized vehicles are not properly posted at the parking facility in accordance with the Texas Occupations Code, Chapter 2308, as amended, and this section.

(b)

In addition to the requirements for signs under the Texas Occupations Code, Chapter 2308, as amended, to authorize non-consent tows, the signs must:

(1)

Include a bold and clear statement of the amount of the fees for the towing of vehicles from the property immediately followed by the statement "PLUS STORAGE FEES";

(2)

Include a bold and clear statement of the hours during which non-consent tows are performed, or if they are performed at all hours, the statement "TOWING ENFORCED AT ALL TIMES, DAY AND NIGHT"; and

(3)

Be illuminated by lighting attached to the sign or by other lighting sufficient to make the sign readable by lighting attached to the sign or by other lighting equipment sufficient to make the sign readable if non-consent tows are performed between the hours of sunset and sunrise;

(c)

An additional sign meeting the specifications attached to this ordinance as Exhibit "A" must be posted at each vehicular exit from the parking facility to an adjoining street or alley.

(d)

It is a defense to prosecution under this section that the parking facility owner has given notice in a manner other than by posted signs, in accordance with the Texas Occupations Code, Chapter 2308, as amended, to the owner or operator of a vehicle that the vehicle will be towed if it is not removed from the parking facility.

(e)

It is a defense to prosecution under this section that the vehicle being towed:

(1)

Is in or obstructs a vehicular traffic aisle, entry, or exit of the parking facility;

(2)

Prevents a vehicle from exiting a parking space at the facility;

(3)

Is in or obstructs a marked fire lane;

(4)

Is in a space designated for vehicles transporting disabled persons, and does not display a special license plate or placard for a vehicle that transports a disabled person; or

(5)

Is in or obstructing a part of a driveway used for entering or existing the facility.

(Ord. No. 2008-47, § 1, 10-21-08)