NRS 487.0385  Authority of owner or person in lawful possession of certain parking structures to immobilize vehicle parked in unauthorized manner: Required sign; exceptions to authority; costs to be borne by owner of vehicle.

   1.  Except as otherwise provided in subsection 3, the owner or person in lawful possession of a multilevel parking garage or other parking structure that is operated by or for the owner or operator of a resort hotel with a non-restricted license may, after giving notice pursuant to subsection 2, immobilize a vehicle parked in an unauthorized manner in the garage or structure by means of a boot, wheel clamp or other mechanical device which prevents the movement of the vehicle until the boot, clamp or other device is removed if a sign is displayed in plain view on each level of the parking garage or parking structure which:

   (a) Declares public parking to be prohibited or restricted in a certain manner and setting forth the provisions of NRS 487.039;

   (b) Shows the telephone number of the police department or sheriff’s office; and

   (c) Provides the procedures that must be followed and the total amount of the charges to remove the boot, clamp or other mechanical device.

   2.  The total amount of the charges to remove the boot, clamp or other mechanical device must not exceed $100.

   3.  Any vehicle which is parked in a space designated for persons with disabilities must not be immobilized pursuant to this section but may instead be towed.

   4.  Except as otherwise provided in NRS 487.039, the total amount of all charges incurred under the provisions of this section for the removal of a boot, wheel clamp or other mechanical device which prevents the movement of the vehicle must be borne by the owner of the vehicle, as that term is defined in NRS 484A.150.

   5.  The provisions of this section do not limit or affect any rights or remedies which the owner or person in lawful possession of a multilevel parking garage or parking structure as provided in subsection 1 may have by virtue of other provisions of the law authorizing the removal or immobilization of a vehicle parked in the garage or structure.

   6.  As used in this section:

   (a) “Nonrestricted license” has the meaning ascribed to it in NRS 463.0177; and

   (b) “Resort hotel” has the meaning ascribed to it in NRS 463.01865.

   (Added to NRS by 2017, 3188)

      NRS 487.039  Vehicle towed from or immobilized in facility for parking or at direction of owner or person in lawful possession of real property: Owner of vehicle authorized to file civil action to determine whether towing or immobilization lawful; limitation; scheduling of hearing; order of court; operator of facility for storage of towed vehicles to display sign.

   1.  If a vehicle is towed pursuant to NRS 487.037 or 487.038 or immobilized pursuant to NRS 487.0385 and the owner of the vehicle believes that the vehicle was unlawfully towed or immobilized, the owner of the vehicle may file a civil action pursuant to paragraph (b) of subsection 1 of NRS 4.370 in the justice court of the township where the property from which the vehicle was towed or on which the vehicle was immobilized is located, on a form provided by the court, to determine whether the towing or immobilizing of the vehicle was lawful.

   2.  An action relating to a vehicle that was towed may be filed pursuant to this section only if the cost of towing and storing the vehicle does not exceed $15,000.

   3.  Upon the filing of a civil action pursuant to subsection 1, the court shall schedule a date for a hearing. The hearing must be held not later than 4 working days after the action is filed. The court shall affix the date of the hearing to the form and order a copy served by the sheriff, constable or other process server upon the owner or person in lawful possession of the property who authorized the towing or immobilization of the vehicle.

   4.  The court shall, if it determines that the vehicle was:

   (a) Lawfully towed, order the owner of the vehicle to pay the cost of towing and storing the vehicle and order the person who is storing the vehicle to release the vehicle to the owner upon payment of that cost;

   (b) Unlawfully towed, order the owner or person in lawful possession of the property who authorized the towing to pay the cost of towing and storing the vehicle, order the person who is storing the vehicle to release the vehicle to the owner immediately and determine the actual cost incurred in towing and storing the vehicle;

   (c) Lawfully immobilized, order the owner of the vehicle to pay the cost of removing from the vehicle the boot, wheel clamp or other mechanical device used to immobilize the vehicle and order the person who immobilized the vehicle to remove the boot, clamp or device upon payment of that cost; or

   (d) Unlawfully immobilized, order the owner or person in lawful possession of the property who authorized the immobilizing to pay the cost of removing the boot, clamp or device and order the person who immobilized the vehicle to remove the boot, clamp or device from the vehicle immediately.

   5.  The operator of any facility or other location where vehicles which are towed are stored shall display conspicuously at that facility or location a sign which sets forth the provisions of this section.

   (Added to NRS by 1995, 1606; A 2003, 852; 2007, 1134; 2015, 948; 2017, 3189)

 

 

§ 6.10.040. Authority to tow or immobilize vehicles on private property; display of signs on and marking of property  

 

 

Latest version.

• (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)