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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)
(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)
(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
(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)
(A)
With respect to every trespass tow or booting subject to this chapter, plain and conspicuous notice must be given to the owner or operator of the vehicle:
(1) (a) As to any fee that may be charged in connection with the trespass tow or booting, including storage and any other fee or charge of any nature; and
(b) That credit and debit cards may be used for payment of any and all such fees. Fees must be specifically and precisely disclosed; the notice may not refer to minimum or maximum fees or a range of fees.
(2) Notice may be given:
(a) On the parking lot warning sign(s) to be posted as provided at section § 73.03(A) or (B)(2) above, or on separate sign(s) attached to the same sign post or immediately adjacent on the same structure; or
(c) On the vehicle insignia on the towing vehicle or booting service vehicle, provided that such vehicle is easily viewable by the owner or operator of the vehicle when arrangements are being made for payment of the towing or booting fees.
(B) Any towing company engaged in trespass towing shall post in a conspicuous location at its place(s) of business and in size sufficient to be easily read a schedule of fees that states, at a minimum, its consensual towing fee(s), its trespass towing fee, its daily storage fee and its hours of operation. The schedule of fees shall be posted in a location(s) so that a person may obtain the information at times when the towing company is not open for business.
(C) Any towing company or booting service engaged in activities subject to this chapter must provide to the Police Department (i) a schedule of all its fees and charges and (ii) a true and correct copy of the notice(s) employed by the service pursuant to §§ 73.03(C) and/or 73.05(F) herein, and such schedule of fees and notices must be kept current at all times. Fees must be specifically and precisely disclosed; the required schedule of fees may not refer to minimum or maximum fees or to a range of fees.
(D) A towing company or booting service may not assess any fee or other charge in connection with a trespass tow or booting unless all of the following conditions are met:
(1) The fee or other charge has been publicly noticed as required per divisions (A) and (B) above; and
(2) The fee or other charge is set forth in a schedule of fees and charges that has been on file with the Police Department for at least 24 hours prior to the assessment of the fee. In the case of any discrepancy in the amount of a fee or other charge noticed by posting in any manner provided at division (A) above or provided to the Police Department on a schedule of fees, only the lowest fee or other charge so noticed may be charged.
(3) The particular trespass tow or booting at issue has been conducted in full and complete compliance with all requirements of this chapter.
(E) Any fee charged in connection with a trespass tow or booting regulated under this chapter must be reasonable in relation to the cost of providing the service or item, inclusive of reasonable overhead and profit.
(F) A towing or booting service may not charge or collect any fee or other charge for a trespass tow or booting that is conducted in a manner that is in violation of any requirement of this chapter. Any fee or other charge that is paid in violation of the foregoing provision must be refunded upon demand. Failure to comply with this division (F) constitutes a separate and distinct violation of this chapter and shall be subject to citation in addition to the underlying violation.
(Ord. passed 12-15-2016; Ord. passed 6-28-2023)
(A)
Upon receiving payment for a trespass tow or release of a boot, and whether requested or not, the towing company or booting service shall prepare a receipt and offer a copy of the receipt to the person providing payment. The receipt shall provide in legible print:
(1) A breakdown of individual fees charged;
(2) The total amount paid and method of payment;
(3) The name of the person accepting the payment;
(4) A clear and accurate reason for the towing or booting and the date, place and time of the towing or booting; and
(5) The appeals process, if any, provided to contest the tow or booting.
(B) The towing company or booting service shall maintain copies of these receipts on file for at least 12 months and shall provide copies to the Police Department upon request.
(Ord. passed 12-15-2016; Ord. passed 6-28-2023)
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.
(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)
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)
(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)
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)