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)