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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)
(A) Unoccupied vehicles left on driveways, in garages or other parking areas of single-family, duplex or other residential property may be towed after 48 hours. The regulations set forth in § 73.03 of this chapter shall not apply to this section.
(B) Unoccupied vehicles left on areas of property which are not designated or intended for parking, such as yards, sidewalks and other areas, may be towed immediately. The regulations set forth in § 73.03 of this chapter shall not apply to this section.
(Ord. passed - -2018)
(A) An occupied vehicle may not be towed or attached to a towing vehicle.
(B) A towing company may not attempt to impede or block an occupied vehicle from being removed from a parking lot by its owner or operator.
(C) A towing company must accept at least two nationally-recognized credit cards (such as MasterCard or Visa) and any debit card in payment for any fees charged in connection with a trespass tow.
(D) Whenever a towing company is attempting a trespass tow, but the vehicle has not yet been removed from the parking lot, and the owner or operator of the vehicle appears and states a desire that the vehicle not be towed, the towing company shall release the vehicle to the owner or operator upon the payment of its noticed fees and charges.
(E) A towing service engaged in a trespass tow shall, upon request of the owner or operator of the motor vehicle, permit the owner or operator access to the trespass vehicle for the purpose of retrieving personal property from the vehicle. If personal items are removed from the motor vehicle by the towing service, then upon request those items will be returned to the owner or operator.
(F) A towing company that engages in a trespass tow shall, prior to or immediately upon removing the vehicle from the private parking lot, report to the town’s Police Department by telephone to its non-emergency number the fact that a vehicle is to be towed and shall provide a description of the vehicle including make, color and license tag number, the parking lot from which it is to be towed, and the place it is to be stored.
(G) For two hours immediately following a trespass tow and during the next business day, the towing company must respond within one hour to a telephone call from the vehicle’s owner or operator to the contact number provided by the towing company. During its response call, upon the request of the operator or owner of the towed vehicle, the towing company must make arrangements for the release of the vehicle upon the full payment of fees.
(1) The towing company must arrange for and allow the full payment of fees within one hour of responding to a call from the owner or operator of the vehicle. If the towing company is located more than ten miles from the location from which the vehicle was towed, and the owner or operator has requested the opportunity and indicated a willingness to pay the fees, but states an inability to obtain transportation to the location of the vehicle, the company must travel to the location of the operator or owner of the towed vehicle to allow the full payment of fees to be made. The towing company may charge an additional fee for this service.
(2) The towing company must arrange for the release of the towed vehicle within one hour of payment. If the vehicle is more than ten miles from the location from which it was towed, the company must return the vehicle to the public street nearest the location from which the vehicle was towed within one hour of payment. The towing company may charge an additional fee for this service.
(H) No storage fee may be charged for days when the towing company is not open during the full normal business hours of at least 9:00 a.m. to 4:00 p.m. for the recovery of a trespass towed vehicle. A towing company that is not open for the recovery of a towed vehicle 24 hours a day shall not charge a storage fee for the storage of the towed vehicle until at least one full business day (no less than 24 hours) has elapsed from the time the towing company is next open for the recovery of a towed vehicle after the towing.
(Ord. passed - -2018)
(A) An occupied vehicle may not be booted.
(B) A booting service may not attempt to impede or block an owner or operator from removing a vehicle upon which a boot has not yet been affixed.
(C) A booting service must accept at least two nationally-recognized credit cards (MasterCard or Visa) and any debit card in payment for any and all fees charged in coin, with booting.
(D) After immobilizing a vehicle, the booting service must place a weather-proof (e.g., laminated) notice on the driver’s side windshield and/or the driver’s side window of the car, affixed in manner that will not mar the vehicle, but will ensure that the notice will not blow away. This notice must be brightly colored (e.g., yellow or orange), a minimum of eight and one-half inches by 11 inches, and contain the following information, all of which shall be in a large, plainly readable type:
(1) In capital letters: “YOUR VEHICLE HAS BEEN WHEEL-LOCKED BECAUSE IT WAS PARKED IN A PRIVATE LOT WITHOUT AUTHORIZATION. DO NOT DRIVE THIS VEHICLE OR YOU MAY DAMAGE YOUR CAR AND THE WHEEL LOCK”;
(2) All fees that may be charged prior to release of the vehicle;
(3) That all fees may be paid by cash, credit card or debit card; and
(4) A telephone number to call to have the wheel lock removed. The fees that may be charged must be specifically and precisely disclosed; that is, the notice may not refer to minimum or maximum fees or a range of fees.
(E) A booting service must arrange to respond to a telephone call from the owner or operator of an immobilized vehicle within no more than one hour.
(F) A booting service must make a reasonable effort to release the immobilized vehicle within one hour of responding to the telephone call from the owner or operator of an immobilized vehicle.
(Ord. passed - -2018)
(A) With respect to every trespass tow or booting subject to this chapter, plain and conspicuous notice must be given to the owner or operator of the vehicle:
(1) (a) As to any fee that may be charged in connection with the trespass tow or booting, including storage and any other fee or charge of any nature; and
(b) That credit and debit cards may be used for payment of any and all such fees. Fees must be specifically and precisely disclosed; the notice may not refer to minimum or maximum fees or a range of fees.
(2) Notice may be given:
(a) On the parking lot warning sign(s) to be posted as provided at § 73.03(A) or (B)(2) of this chapter;
(c) On the vehicle insignia on the towing vehicle or booting service vehicle; provided that, such vehicle is easily viewable by the owner or operator of the vehicle when arrangements are being made for payment of the towing or booting fees; or
(d) In large, easily-readable type on a pre-printed schedule of fees, not less than eight and one-half inches by 11 inches, provided to the owner or operator of the vehicle prior to the payment of fees.
(B) Any towing company engaged in trespass towing shall post in a conspicuous location at its place(s) of business and in size sufficient to be easily read a schedule of fees that states, at a minimum, its consensual towing fee(s), its trespass towing fee, its daily storage fee and its hours of operation. The schedule of fees shall be posted in a location(s) so that a person may obtain the information at times when the towing company is not open for business.
(C) Any towing company or booting service engaged in activities subject to this chapter must provide a schedule of all its fees and charges to the Police Department, and such schedule of fees must be kept current at all times. Fees must be specifically and precisely disclosed; the required schedule of fees may not refer to minimum or maximum fees or to a range of fees.
(D) A towing company or booting service may not assess any fee or other charge in connection with a trespass tow or booting that is not both:
(1) Publicly noticed as required per divisions (A) and (B) above; and
(2) Set forth in a schedule of fees and charges that has been on file with the Police Department for at least 24 hours prior to the assessment of the fee. In the case of any discrepancy in the amount of a fee or other charge noticed by posting in any manner provided at division (A) above or provided to the Police Department on a schedule of fees, only the lowest fee or other charge so noticed may be charged.
(E) Any fee charged in connection with a trespass tow or booting regulated under this chapter must be reasonable in relation to the cost of providing the service or item, inclusive of reasonable overhead and profit.
(Ord. passed - -2018)
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