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(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)
A person may not engage in trespass towing or booting activities in the town limits involving direct interaction with the public if, within the prior ten years, that person has been convicted in any jurisdiction for any one of the following crimes: assault; communicating threats; homicide; sexual assault; crimes against nature; incest; indecent exposure; kidnapping; larceny; possession of stolen goods; embezzlement; robbery; extortion; burglary; breaking and entering; felony fraud; obtaining property by false pretenses; weapons offenses; or offenses involving financial transactions.
(Ord. passed - -2018)
(A) As provided in G.S. § 14-4(a), any person who violates this chapter shall be guilty of a Class 3 misdemeanor and subject to a fine of up to $500 for each violation.
(B) Any person who violates this chapter shall be subject to a civil penalty in the amount of $100. In the event there is more than one violation within any one-year period, then the civil penalty shall be increased for each additional violation over one during such period, as follows:
(1) Second offense within one year: $250;
(2) Third offense within one year: $500;
(3) Fourth offense within one year: $750; and
(4) Fifth and any subsequent offense within one year: $1,000.
(C) This chapter may also be enforced by an appropriate equitable action.
(D) As provided in G.S. § 160A-175(f), any one, all or any combination of the foregoing penalties and remedies may be used to enforce this chapter.
(Ord. passed - -2018)