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(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)
(A) Upon receiving payment for a trespass tow or release of a boot, and whether requested or not, the towing company or booting service shall prepare a receipt and offer a copy of the receipt to the person providing payment. The receipt shall provide in legible print:
(1) A breakdown of individual fees charged;
(2) The total amount paid and method of payment;
(3) The name of the person accepting the payment;
(4) A clear and accurate reason for the towing or booting and the date, place and time of the towing or booting; and
(5) The appeals process, if any, provided to contest the tow or booting.
(B) The towing company or booting service shall maintain copies of these receipts on file for at least 12 months and shall provide copies to the Police Department upon request.
(Ord. passed - -2018)
(A) Any person who pays for a trespass tow or booting subject to this chapter must be provided, in an easily readable and conspicuous format, the name and telephone number of the property owner, lessor or property manager to whom complaints about the trespass tow or booting may be directed. The person or company to whom complaints are to be directed may not be a towing company, booting service or any employee, representative, officer, agent or affiliate thereof.
(B) The aforesaid information may be provided by any of the following methods:
(1) On the parking lot warning sign(s) to be posted as provided at § 73.03(A) or (B)(2) of this chapter, or on a separate sign attached to the same sign post or immediately adjacent on the same structure; or
(3) In large, easily-readable type on a pre-printed notice, 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.
(Ord. passed - -2018)
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