Section
73.01 Definitions
73.02 Authority for and scope of chapter
73.03 Advanced notice of trespass towing or booting required
73.04 Trespass towing practices
73.05 Booting practices
73.06 Notice of fees and payment options; fees to be reasonable
73.07 Receipts
73.08 Complaint information
73.09 Compliance dates
73.10 Restrictions related to certain criminal convictions
73.99 Penalty
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOOT.
(1) A wheel lock or any other instrument that is attached to a motor vehicle in order to immobilize it.
(2) As context requires, BOOTING can include any or all of the activities involved in controlling unauthorized parking by means of immobilization of a vehicle, including, but not limited to, applying a boot, monitoring parking lots for unauthorized vehicles and/or demanding or accepting payment to remove a boot. IMMOBILIZATION may be used interchangeably with BOOTING herein.
BOOTING SERVICE. Includes any person or entity that engages in, or that owns or operates a business that engages in, the booting of motor vehicles for compensation.
ESTABLISHMENT. The use of a structure for a commercial purpose.
MOTOR VEHICLE. A Class A, B or C motor vehicle as defined in G.S. § 20-4.01(23).
PRIVATE PARKING LOT. Any privately-owned area created, designated or used for the parking of two or more vehicles. As used herein, PRIVATE PARKING LOT does not include driveways, garages or other parking areas or yards of single-family or duplex residences.
TOWING COMPANY. Includes any person or entity that engages in, or that owns or operates a business that engages in, the towing of motor vehicles for compensation.
TRESSPASS TOW. To tow a motor vehicle that is parked on a private parking lot without the property owner’s or agent’s consent without the consent of the motor vehicle’s owner or operator (i.e., a non-consensual tow).
(Ord. passed - -2018)
(A) This chapter is enacted in furtherance of the town’s authority to define, prohibit, regulate or abate acts, omissions or conditions, detrimental to the health, safety or welfare of its citizens and the peace and dignity of the town, as granted per G.S. § 160A-174, and its authority to regulate and license occupations, businesses and trades, and prohibit those that may be inimical to the public health, welfare, safety, order or convenience, as granted per G.S. § 160A-194(a).
(B) This chapter is applicable to any trespass tow or booting that takes place for compensation in a private parking lot in the town limits, except as provided in division (D) below.
(C) No towing company may engage in any trespass tow from a private parking lot in the town limits or charge any fee in connection therewith, and no booting service may immobilize a vehicle in a private parking lot in the town limits or charge any fee in connection therewith, unless the trespass tow or booting complies with all requirements of this chapter.
(D) This chapter is not intended to limit, modify or abrogate:
(1) The authority of police, Fire Department or other public officers to direct the towing or immobilization of a motor vehicle as authorized by other provisions of the town code or state law;
(2) The towing of vehicles encroaching into areas clearly designated as fire lanes; or
(3) A property owner’s right to tow vehicles blocking clearly designated areas of ingress and/or egress or right to tow vehicles blocking access to a dumpster so long as signage conspicuously warns that a vehicle blocking access to the dumpster is subject to towing.
(E) This chapter does not limit other legal remedies that a property owner may have against a person trespassing on private property, but only applies to and limits the use of trespass towing and booting as specified herein.
(Ord. passed - -2018)
It shall be unlawful for any person or entity to authorize, direct, engage in or contract for trespass towing or booting in a private parking lot unless advance notice is given as follows:
(A) The parking lot has one or more warning signs posted at such locations and heights so as to provide a conspicuous warning to drivers of vehicles who are not familiar with that parking lot that the lot is private and that unauthorized vehicles will be towed or booted.
(1) Each sign shall be no smaller than one square foot and no larger than three square feet, with a white background and red letters, printed in fonts that can easily be read by a person of ordinary vision, and shall contain the following information, as applicable:
(a) That the parking lot is a private parking lot and that unauthorized vehicles will be towed or immobilized and subject to a fine/fee for removal of the boot (e.g., “Private Parking Lot - Towing Enforced” or “Private Parking Lot - Unauthorized Vehicles Will Be Immobilized and Fined” or “Parking for Customers Only - Towing Enforced” or “Parking for Residents Only - Unauthorized Vehicles Will Be Immobilized and Fined” or similar phrasing); and
(b) The name and telephone number of the towing company and/or booting service that enforces parking in that lot.
(2) If applicable, the following information must be contained either on the warning sign(s) required per the preceding division (A)(1) above or on separate sign(s) attached immediately adjacent on the same post or structure:
(a) If the parking lot serves a shopping center, mall or office building, then at the option of the property owner or lessor either:
1. The name of the shopping center or mall or office building; or
2. The names of all businesses within that shopping center or mall or office building, and a warning that parking is authorized only for persons patronizing that shopping center or mall or office building.
(b) If the parking lot serves multiple locations (other than a shopping center or mall or office building), the name of every establishment served by the parking lot and a warning that parking is authorized only for persons patronizing one of those establishments.
(3) There shall be a minimum of one warning sign for each vehicular entrance to the parking lot and such other signs as are required so that an ordinary driver who is not familiar with that parking lot is warned by the signage upon entering the parking lot, exiting his or her vehicle and/or upon exiting the parking lot as a pedestrian that the lot is private and that unauthorized vehicles are subject to towing or booting;
(4) One or more police officers designated by the Chief of Police (the “liaison officer”) shall direct and approve the number and placement of warning signs in his or her reasonable discretion to ensure that signs are conspicuous to warn vehicle drivers as specified per the foregoing provisions of this division (A). If the property owner or lessee disagrees with the direction provided by the liaison officer, the owner or lessee may appeal to the Chief of Police. The determination of the Chief of Police shall be final and non-appealable; and
(5) If one or more credible complaints are received by the Police Department from any person to the effect that the warning signs posted on a parking lot are not sufficiently conspicuous as required per this division (A), the liaison-officer shall re-consider the sign layout and may require the relocation of signs or the installation of new signs.
(B) All signs posted in accordance with this chapter must meet the design standards of the town’s Sign Ordinance.
(Ord. passed - -2018)
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