An Arizona non consent tow off private property is unlawful if the sign is missing or non compliant under ARS 9-499.05, or if the tower did not call police within one hour under ARS 28-4836. The tower forfeits all charges and commits a class 1 misdemeanor.

The two big unlawful tow scenarios

  • No compliant sign. ARS 9-499.05 B requires the sign to state the parking restrictions, the disposition, the maximum cost, and a phone and address to locate the vehicle, and to be “clearly visible and readable from any point in the lot” and at each entrance. If the sign is missing or missing required content, the tow is not authorized.
  • No police notice. ARS 28-4836 A requires the tower to phone the police within one hour of the tow. The agency must enter the tow in the ACIC database within three business days (B). Failure forfeits all towing and storage charges and is a class 1 misdemeanor (C).

How to spot an unlawful tow

  • Was the sign posted? Could you read it from any spot in the lot?
  • Did the sign list restrictions, disposition, maximum cost, and a phone and address?
  • Did the tower call police within an hour? You can ask the police non emergency line to confirm.
  • Did the agency enter the tow in ACIC within three business days?

What to do

  • Document everything: photos of the sign (or absence), the spot, the plate, the time.
  • Ask for a copy of the tower’s ACIC entry.
  • File a complaint with the city and with the Arizona Department of Public Safety.
  • In court, raise ARS 28-4836 as a defense to the charges.

For a police impound (ARS 28-3511) release path, see our Phoenix impound guide.

Frequently asked questions

What makes a private property tow unlawful in Arizona?

A sign missing required content under ARS 9-499.05, or failure by the tower to phone police within one hour under ARS 28-4836. Failure on either forfeits all charges.

Is a missing sign enough to void the charges?

Yes. Without a compliant ARS 9-499.05 sign, the lot is deemed open to public parking and the tower cannot lawfully tow under that statute.

What is the penalty for an unlawful tow?

ARS 28-4836 C: forfeiture of all towing and storage charges and a class 1 misdemeanor.

Can I sue the tower?

You can file a complaint with the city and with DPS. For damages, talk to a consumer protection attorney about your specific facts.

Does this apply to a repo?

No. ARS 28-4836 covers non consent tows by towers. Repossession follows ARS Title 47 and a different framework. See can a repo agent come onto private property.