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(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)