Each licensee or employee or agent of the licensee under this chapter shall observe all the following:
A. Devices Used: Any devices used in the immobilization of any vehicle shall be in safe and proper working condition.
B. Emergency Vehicles Exempt: Emergency vehicles used in police, fire or medical emergencies shall not be immobilized for any reason. Upon proof that an unmarked vehicle is used for the same purpose, the vehicle immobilization unit shall be removed immediately at no charge.
C. Removable Notice: An easily removed notice must be affixed to the driver's side window of each vehicle immobilized notifying the owner of the vehicle of the reason for the immobilization as well as the requirements necessary for the release of vehicle. Upon payment of the release fee, the sticker shall be removed. The notice shall contain the following information:
1. Name and telephone number of company or person to contact for the release of the vehicle.
2. Cost of release of the vehicle.
3. Acceptable forms of payment for the release of the vehicle.
4. Time and reason vehicle immobilized.
D. Twenty Four Hour Service: All vehicle immobilization licensees shall have twenty four (24) hour service and access. Licensees shall respond to all calls for release of a vehicle within thirty (30) minutes of a request for response and must remain at the facility until the immobilization device is removed, unless the payment of the fee is refused. The licensees, employees or agents of the licensee may exceed the thirty (30) minute response requirement if they are actively engaged in the release of another vehicle. It shall be an affirmative defense for the licensees, employees or agents of the licensee to prove that the delay was caused by the normal operation of the business and not dilatory actions of the licensee, employee or agent of the licensee.
E. Identification: All licensees, employees or agents of the licensee that immobilize vehicles or collect any money to remove the immobilization device shall wear their photo identification card and display it immediately upon contact with the citizen. All vehicles used by licensee shall have reflective or lighted signs as required by subsection 3-15-4I of this chapter.
F. Required Signs:
1. No vehicle shall be immobilized at a parking facility unless signs required by this chapter are posted at the designated locations on the site. All signs shall be posted so that the bottom of the sign is at least thirty six inches (36"), but no more than seventy two inches (72") off of the ground. All signs shall be of the dimension eighteen inches by twenty four inches (18" x 24") and be reflective. All signs as designated by the licensing authority shall be lighted for nighttime visibility. The licensing authority may require additional lighted signs upon review of the site plan and visual inspection of the lot. The signs shall be white with red lettering at least two inches (2") in height and shall contain the following language in the following format:
PERMIT PARKING ONLY | or | NO PARKING ANYTIME | ||
[Hours of Operation or 24 hours] | ||||
[BOOTING SYMBOL, as determined by the licensing authority] | ||||
VIOLATORS WILL BE BOOTED (FEE$$.$$) OR TOWED AT THE OWNER'S EXPENSES | ||||
[Phone #] for Release - (LICENSEE'S NAME) | ||||
2. No additional language may appear on these required signs. The licensing authority must approve all signs.
3. All signs must be readable and unobstructed.
G. Vehicles Parked In Fire Lane: No vehicle parked in a fire lane may be immobilized. These vehicles must be towed in accordance with State law.
H. Attended Vehicles: No attended vehicle may be immobilized without first requesting the occupant remove the vehicle, if practical.
I. Parking Space Striping: All parking spaces shall be visibly striped. No striping is required if the property prohibits the parking of cars at any time.
J. Delivery Vehicles: No delivery vehicle, in service, may be immobilized.
K. Obstructing Vehicles: Vehicles that are obstructing the safe travel in a parking facility and not in a marked space may not be immobilized. These vehicles must be towed in accordance with State law.
L. Other Signage: All other signs allowing alternate uses of the same parking facilities must be of different color, appearance and physically placed separately and apart from the signage required by this chapter to avoid confusion.
M. Forms Of Payment: Various forms of payment must be allowed with at least two (2) methods being an alternative to cash, specifically, personal checks, credit cards or debit cards. (1952 Code § 5-04-09)