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)
§ 73.03 ADVANCE NOTICE OF TRESPASS TOWING OR BOOTING REQUIRED.
    It shall be unlawful for any person to authorize, direct, engage in, or contract for trespass towing or booting in a private parking lot unless advance notice is given as follows:
   (A)   The parking lot has one or more warning signs posted at such locations and heights so as to provide a conspicuous warning to drivers of vehicles who are not familiar with that parking lot that the lot is private and that unauthorized vehicles will be towed or booted.
      (1)   Each sign shall be no smaller than four square feet and no larger than six square feet, with a white background and red letters, printed in fonts that can easily be read by a driver of ordinary vision, and shall contain the following information, as applicable:
         (a)   That the parking lot is a private parking lot and that unauthorized vehicles will be towed or immobilized and subject to a fine/fee for removal of the boot, e.g., "Private Parking Lot - Towing Enforced" or "Private Parking Lot - Unauthorized Vehicles Will Be Immobilized and Fined"; or "Parking for Customers Only - Towing Enforced," or "Parking for Residents Only - Unauthorized Vehicles Will Be Immobilized and Fined ", or similar phrasing.
         (b)   The name and telephone number of the towing company and/or booting service that enforces parking in that lot.
      (2)   If applicable, the following information must be contained either on the warning sign(s) required per the preceding division (A)(1) or on separate sign(s) attached immediately adjacent on the same post or structure:
         (a)   If the parking lot serves a shopping center, mall, or office building, then at the option of the property owner or lessor either:
            1.   The name of the shopping center or mall or office building; or
            2.   The names of all businesses within that shopping center or mall or office building, and a warning that parking is authorized only for persons patronizing that shopping center or mall or office building.
         (b)   If the parking lot serves multiple locations (other than a shopping center or mall or office building), the name of every establishment served by the parking lot and a warning that parking is authorized only for persons patronizing one of those establishments.
            1.   Effective as of August 15, 2023, if a parking lot described in this division (A)(2)(b) is located in the downtown Municipal Services District (MSD), then in addition the following information: "This is a Private Lot; for complaints about parking enforcement in this lot, please call [name; telephone number]" with the name and telephone number of the owner or lessee of the lot who contracts for parking enforcement services. For clarification, such name and telephone number must be that of the owner or lessee itself, and may not be that of an agent of the lot owner or lessee, such as the parking enforcement company. If at any time the telephone number on this sign is not in working order to reach the property owner or lessee during regular business hours, then said property owner or lessee is in violation of this chapter and subject to citation.
            2.   Exceptions. This division (A) shall not apply to parking spaces that require display of a permit (e.g., hang-tag or decal) or are administered through a pay-upon-parking system.
      (3)   There shall be a minimum of one warning sign for each vehicular entrance to the parking lot and such other signs as are required so that an ordinary driver who is not familiar with that parking lot is warned by the signage upon entering the parking lot, exiting his or her vehicle, and/or upon exiting the parking lot as a pedestrian that the lot is private and that unauthorized vehicles are subject to towing or booting.
      (4)   One or more police officers designated by the Chief of Police (the "liaison officer") shall direct and approve the number and placement of warning signs in his or her reasonable discretion to ensure that signs are conspicuous to warn vehicle drivers as specified per the foregoing provisions of this division (A). If the property owner or lessee disagrees with the direction provided by the liaison officer, the owner or lessee may appeal to the Chief of Police. The determination of the Chief of Police shall be final and non-appealable.
      (5)   If one or more credible complaints are received by the Police Department from any person to the effect that the warning signs posted on a parking lot are not sufficiently conspicuous as required per this division (A), the liaison officer shall re-consider the sign layout and may require the re-location of signs or the installation of new signs.
   (B)   As an alternative to the signage required per division (A) above, the parking lot may have a sign at every parking space within the lot as to which parking is to be enforced, each such sign being posted in a conspicuous location facing the parking space, no smaller than 120 square inches, with a white background and red letters, identifying the space as private property, and warning that unauthorized vehicles will be towed or booted (for example, "Private Parking - Towing Enforced"). In addition, the name and telephone number of the towing company or booting service must be posted either:
      (1)   On each sign facing the individual parking spaces; or
      (2)   On at least one other sign, no smaller than four square feet and no larger than six square feet, placed in a conspicuous location in the parking lot.
   (C)   As an alternative to the signage required per division (A) or (B) above, a trespass tow is authorized where a weather-proof (e.g., laminated) written notice, not less than 8.5 inches by 11 inches, is placed on the front driver's side windshield and/or the driver's window of the car, affixed in manner that will not mar the vehicle but will insure that the notice will not blow away, at least eight hours prior to the trespass towing of the vehicle, which notice contains all of the following information on both sides of the notice in large, easily readable type:
      (1)   That the parking lot is a private parking lot and unauthorized vehicles will be towed;
      (2)   The name and telephone number of the towing company and location where any towed vehicle is taken;
      (3)   The towing charges imposed by the towing company;
      (4)   The amount of any storage charges related to the storage by the towing company of the vehicle, and the terms and conditions for the imposition of storage charges; and
      (5)   The time and date that the notice has been placed on the vehicle and the time and date as of which the vehicle will become subject to towing.
   (D)   Once an owner or operator of a vehicle has been notified of unauthorized use pursuant to division (C) above, it shall be unnecessary for the person authorizing, directing, engaging in, or contracting for the trespass tow to give any further notification should there be any future unauthorized parking of the same vehicle at the same parking lot, and upon its discovery, the vehicle may be immediately towed.
(Ord. passed 12-15-2016; Ord. passed 6-28-2023)
§ 73.04 TRESPASS TOWING PRACTICES.
   (A)    An occupied vehicle may not be towed or attached to a towing vehicle.
   (B)   A towing company may not attempt to impede or block an occupied vehicle from being removed from a parking lot by its owner or operator.
   (C)   A towing company must accept at least two nationally-recognized credit cards (such as MasterCard or Visa) and any debit card in payment for any fees charged in connection with a trespass tow.
   (D)   Whenever a towing company is attempting a trespass tow but the vehicle has not yet been removed from the parking lot, and the owner or operator of the vehicle appears and states a desire that the vehicle not be towed, the towing company shall release the vehicle to the owner or operator upon the payment of its noticed fees and charges.
   (E)   A towing service engaged in a trespass tow shall, upon request of the owner or operator of the motor vehicle, permit the owner or operator access to the trespass vehicle for the purpose of retrieving personal property from the vehicle. If personal items are removed from the motor vehicle by the towing service, then upon request those items will be returned to the owner or operator.
   (F)   A towing company that engages in a trespass tow shall, prior to or immediately upon removing the vehicle from the private parking lot, report to the Police Department by telephone to its non-emergency number the fact that a vehicle is to be towed and shall provide a description of the vehicle including make, color, and license tag number, the parking lot from which it is to be towed, and the place it is to be stored.
   (G)   For six hours immediately following a trespass tow and during the next business day, the towing company must respond within one-half hour to a telephone call from the vehicle's owner or operator to the contact number provided by the towing company. During its response call, upon the request of the operator or owner of the towed vehicle, the towing company must make arrangements for the release of the vehicle upon the full payment of fees.
      (1)   The towing company must arrange for and allow the full payment of fees within one-half hour of responding to a call from the owner or operator of the vehicle. If the towing company is located more than ten miles from the location from which the vehicle was towed, and the owner or operator has requested the opportunity and indicated a willingness to pay the fees, but states an inability to obtain transportation to the location of the vehicle, the company must travel to the location of the operator or owner of the towed vehicle to allow the full payment of fees to be made. The towing company may charge an additional fee for this service.
      (2)   The towing company must arrange for the release of the towed vehicle within one hour of payment. If the vehicle is more than ten miles from the location from which it was towed, the company must return the vehicle to the public street nearest the location from which the vehicle was towed within one hour of payment. The towing company may charge an additional fee for this service.
   (H)   No storage fee may be charged for days when the towing company is not open during the full normal business hours of at least 9:00 a.m. to 4:00 p.m. for the recovery of a trespass towed vehicle. A towing company that is not open for the recovery of a towed vehicle 24 hours a day shall not charge a storage fee for the storage of the towed vehicle until at least one full business day (no less than 24 hours) has elapsed from the time the towing company is next open for the recovery of a towed vehicle after the towing.
(Ord. passed 12-15-2016; Ord. passed 6-28-2023)
§ 73.05 BOOTING PRACTICES.
   (A)    An occupied vehicle may not be booted.
   (B)   A booting service may not attempt to impede or block an occupied vehicle that has not yet been booted from being removed from a parking lot by its owner or operator.
   (C)   A booting service must accept at least two nationally-recognized credit cards (such as MasterCard or Visa) and any debit card in payment for any and all fees charged in connection with booting.
   (D)   (1)   No natural person may engage in booting in any capacity (whether as an employee, subcontractor, officer, sole proprietor, and the like) until he or she has obtained an identification badge from the town. Identification badges shall be issued for a single calendar year and must be renewed annually. In order to obtain an identification badge from the town, the applicant must:
         (a)   Authorize a criminal background review by the Police Department or such other entity as the town may enlist;
         (b)   Fully complete an application, on a form provided by the town, disclosing his or her name, address, telephone number, date of birth, gender, company affiliation, if any (to include the legal name, mailing address, and physical location of the affiliated company), and status as an employee or independent contractor of the company (by stating whether and by whom income taxes and FICA taxes are withheld from his or her pay); and
         (c)   Disclose and certify, under oath, any and all criminal convictions described at § 73.10 below. An identification badge may not be issued to a person who has been convicted as described at § 73.10.
      (2)   A natural person engaged in booting must display on his or her person at all times the picture identification badge issued by the town. The identification must be plainly visible, either attached to the exterior clothing or on a lanyard hanging around the neck. Upon request, the person engaged in booting must allow the operator or owner of the vehicle which has been immobilized to examine and copy any information from the identification badge. In addition, a person engaged in booting must wear clothing that identifies in a manner that is conspicuous and easily readable to other persons with whom that persons engages the name of the business for whom that person works and includes in either the name of the business or otherwise a description of the parking control device or method used, e.g., “ABC Wheel-lock Company.” The letters on such insignia shall be no less than three-quarters of an inch in height.
   (E)   Any vehicle used in connection with booting must have insignia on both the operator's door and the front passenger door or a car-top-mounted sign that identifies the company with which the attendant is employed or associated by name and telephone number and includes either in the name of the company or otherwise a description of the parking control device or method utilized, e.g., “ABC Wheel-lock Company.” All letters on such insignia shall be no less than three inches in height; provided, that notwithstanding any other provision of this chapter, vehicle insignia must comply with this three-inch minimum requirement when new insignia is purchased, when insignia is replaced, or by June 30, 2017, whichever occurs earlier.
   (F)   After immobilizing a vehicle, the booting service must place a weather-proof (e.g., laminated) notice on the driver's side windshield of the car, affixed in manner that will not mar the vehicle but will insure that the notice will not blow away. This notice must be brightly colored (e.g., yellow or orange), a minimum of 8.5 inches by 11 inches, and contain the following information, all of which shall be in a large, plainly readable type:
      (1)   In capital letters: “YOUR VEHICLE HAS BEEN WHEEL-LOCKED BECAUSE IT WAS PARKED IN A PRIVATE LOT WITHOUT AUTHORIZATION. DO NOT DRIVE THIS VEHICLE OR YOU MAY DAMAGE YOUR CAR AND THE WHEEL LOCK”;
      (2)   All fees that may be charged prior to release of the vehicle;
      (3)   That all fees may be paid by cash, credit card or debit card; and
      (4)   A telephone number to call to have the wheel lock removed. The fees that may be charged must be specifically and precisely disclosed; that is, the notice may not refer to minimum or maximum fees or a range of fees.
      (5)   If a fee is charged in the event that (and on grounds that) the notice itself is destroyed, then in capital letters “DO NOT DESTROY THIS NOTICE. AN ADDITIONAL FEE OF $____ WILL BE CHARGED IF YOU DO NOT RETURN THIS NOTICE TO [NAME OF PARKING ENFORCEMENT COMPANY]”.
   (G)   A booting service must arrange to respond to a telephone call from the owner or operator of an immobilized vehicle within no more than 15 minutes.
   (H)   A booting service must make a reasonable effort to release the immobilized vehicle within 30 minutes of responding to the telephone call from the owner or operator of an immobilized vehicle.
   (I)   After a vehicle is booted, it shall be unlawful for any person to authorize, direct or contract for the trespass towing of that vehicle for a period of at least eight hours following such booting. Once a boot has been applied, the vehicle subsequently may be trespassed towed after the vehicle has been booted for at least eight hours, so long as the requirements of either § 73.03(A) or (C) are met as to that trespass tow.
   (J)   A booting company may not charge more than one boot removal fee for the booting of a particular vehicle in a particular instance, and may not charge a higher removal fee based solely on the length of time that a boot has been attached to a vehicle; provided, however, that this provision is not intended to prevent a booting service from charging additional fees for separate and additional services, such as a service call to meet an owner or operator of a vehicle to remove a boot where the owner or operator does not appear and has to be rescheduled.
   (K)   Should the town receive and verify three or more unrelated and credible complaints within any three-month period asserting the failure of a booting service to respond within 15 minutes to telephone contact by the owners or operators of immobilized vehicles and to arrange the vehicles’ release within 30 minutes thereafter, it shall be presumptively concluded that the booting service does not have the capacity to respond within the required times. Thereafter for the following 12-month period, a duly authorized person must be on duty and present in the parking lot at all times when any vehicle is booted, and the person must remain on the property until the owner or operator of the vehicle returns, with the ability to remove the boot upon payment of fees. After the 12-month period, the booting service shall not be required to maintain a duly authorized person at all times in parking lots where vehicles are booted, unless and until such time as the town again receives and verifies three or more complaints as set forth in the first sentence of this division.
(Ord. passed 12-15-2016; Ord. passed 6-28-2023)
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