CHAPTER 73: TOWING AND BOOTING
Section
   73.01   Definitions
   73.02   Authority for and scope of chapter; persons liable for violations
   73.03   Advanced notice of trespass towing or booting required
   73.04   Trespass towing practices
   73.05   Booting practices
   73.06   Notice of fees and payment options; fees to be reasonable
   73.07   Receipts
   73.08   Complaint information
   73.09   Compliance dates
   73.10   Restrictions related to certain criminal convictions
 
   73.99   Violations; civil penalties for violations; other enforcement measures
§ 73.01 DEFINITIONS.
    For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BOOT. A wheel lock or any other instrument that is attached to a motor vehicle in order to immobilize it. 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. Any person that engages in, or that owns or operates a business that engages in, the booting of motor vehicles parked in a private parking lot.
   CONTRACT. Any agreement, whether oral or written, express or implied.
   EMPLOYEE. A natural person who works for another person as an employee (i.e., as a W-2 worker).
   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).
   NATURAL PERSON. An individual human being.
   PARKING ENFORCEMENT COMPANY. A towing company or booting service engaged in towing or booting activity governed by this chapter.
   PERSON. Any natural person or entity, including but not limited to corporations, partnerships, trusts, and the like; i.e., a legal person.
   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.
   SUBCONTRACTOR. A natural person or any other person who works for another person as a purported independent contractor and not as an employee.
   TOWING COMPANY. Any person that engages in, or that owns or operates a business that engages in, the towing of motor vehicles for compensation.
   TRESPASS TOW. To tow a motor vehicle that is parked in 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 12-15-2016; Ord. passed 6-28-2023)
§ 73.02 AUTHORITY FOR AND SCOPE OF CHAPTER; PERSONS LIABLE FOR VIOLATIONS.
   (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 towing or booting activities that take 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 in compliance with the 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.
   (F)   If a towing company or booting service acts in violation of this chapter through an employee, it is the towing company or booting service (whether a natural person or corporation, partnership, or other entity) that shall be cited for the violation. The employee shall not be personally cited.
   (G)   If a towing company or booting service acts in violation of this chapter through a subcontractor, both the towing company or booting service (whether a natural person or corporation, partnership, or other entity) and the subcontractor who engaged in the violation shall be cited for the violation.
(Ord. passed 12-15-2016; Ord. passed 6-28-2023)
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