Loading...
§ 73.08 COMPLAINT INFORMATION.
    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. The aforesaid information may be provided by any of the following methods:
   (A)   On the parking lot warning sign(s) to be posted as provided at section § 73.03(A) or (B)(2) above, or on a separate sign attached to the same sign post or immediately adjacent on the same structure; or
   (B)   On separate sign(s) posted on the property, so long as said sign(s) are conspicuous to a person who has parked in the parking lot at issue.
   (C)   On a weather-resistant notice attached to the vehicle's windshield as provided at sections §§ 73.03(C) or 73.05(F) above, in the same or a larger type size than that used for the other information provided in the notice; or
   (D)   In large, easily-readable type on a pre-printed notice, not less than 8.5 inches by 11 inches, provided to the owner or operator of the vehicle prior to the payment of fees.
(Ord. passed 12-15-2016; Ord. passed 6-28-2023)
§ 73.09 COMPLIANCE DATES.
    This chapter, as amended, shall be effective as of February 1, 2017. All parts of this chapter, as amended, are mandatory as of the effective date except as follows:
   (A)   The mandate that signs contain red lettering against a white background is required when any required sign is replaced, or December 31, 2016, whichever is earlier.
   (B)   The mandate per section § 73.03(A) that warning sign number and locations be reviewed and approved by the liaison officer shall be effective immediately for any private parking lot that was not in compliance with the requirements of this chapter (as then effective) as of October 1, 2016. As to any private parking lot that was in compliance as of October 1, 2016, the property owner or his or her agent shall consult with, obtain the review and approval of liaison officer for a sign layout plan, and come into compliance with the approved sign plan no later than June 30, 2017.
(Ord. passed 12-15-2016; Ord. passed 6-28-2023)
§ 73.10 RESTRICTIONS RELATED TO CERTAIN CRIMINAL CONVICTIONS.
   (A)    A person may not engage in trespass towing or booting activities in the town limits involving direct interaction with the public:
      (1)   For a period of two years following conviction within any five-year period of any two criminal infractions (felony and/or misdemeanor) arising from a violation of, or related to activities governed by, this chapter; or
      (2)   For a period of two years following conviction of any manner of assault related to a trespass tow or booting within the town.
   (B)   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 or more of the following crimes: assaults or threats; homicide; sexual assault; crimes against nature, incest, indecent exposure and related offenses; kidnaping, larceny, possession of stolen goods, embezzlement and related offenses; robbery, extortion and related offenses; burglary and breaking and entering; felony fraud, false pretenses and related offenses involving financial transactions; and weapons offenses.
(Ord. passed 12-15-2016; Ord. passed 6-28-2023)
§ 73.99 VIOLATIONS; CIVIL PENALTIES FOR VIOLATIONS; OTHER ENFORCEMENT MEASURES.
   The provisions of § 10.99 apply to violations of this chapter except as specifically provided otherwise in this section.
   (A)   (1)   Any person trespass tow or booting conducted in violation of a requirement of this chapter shall subject the responsible towing company, booting service, and/or subcontractor responsible for said violation to a civil penalty in the amount of $100. In the event there is more than one violation within any one-year period by the same towing company, booting service, or subcontractor, then the civil penalty shall be increased for each additional violation over one during such period, as follows.
         (a)   Second offense within one year: $250.
         (b)   Third offense within one year: $500.
         (c)   Fourth offense within one year: $750.
         (d)   Fifth and any subsequent offense within one year: $1,000.
      (2)   Once the one-year period has run from the first violation, the next violation shall be considered to be a first violation for the purposes of establishing a new one-year period.
   (B)   This chapter may also be enforced by an appropriate equitable action.
   (C)   This chapter may also be enforced by the lawful order of a law enforcement officer, who may, by way of example only, order that a tow connection be undone or boot be removed without charge to the vehicle operator and/or that a collected charge be refunded. Failure to comply with such order of a law enforcement officer shall constitute a separate and distinct violation of this chapter subject to additional citation.
   (D)   Per 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 12-15-2016; Ord. passed 11-16-2021; Ord. passed 6-28-2023)