a. No vehicle shall be booted, towed or removed from a private parking lot unless directed by:
1. A law enforcement officer;
2. The owner, owner’s representative, or operator of the vehicle;
3. The owner or operator of the private parking lot or the owner’s or operator’s authorized agent provides a contemporaneous specific authorization for such immobilization or removal; or,
4. The private parking lot owner or operator or the private parking lot owner’s or operator’s authorized agent has a written agreement with a private immobilization company, impound tow truck service or operator that grants approval for the booting and/or towing of unauthorized vehicles.
b. All immobilization company vehicles and tow trucks used to boot, tow or remove vehicles from private parking lots shall be clearly identified with the name of the immobilization or towing company on the side of the truck or vehicle. Any private impound tow truck service or operator that tows or removes a vehicle from a private parking lot in the City of Bowling Green shall tow or remove that vehicle to a storage yard located within the City.
c. The storage yard used by a private impound tow truck service or operator that tows or removes a vehicle from a private parking lot in the City of Bowling Green shall post a sign clearly visible to the public specifying the tow and storage rates, not to exceed those imposed by this Subchapter.
d. The immobilization company, towing company or storage yard shall provide either an attendant who is on the site twenty-four (24) hours per day, seven (7) days per week or provide a conspicuously located and well lighted sign which gives the telephone number where the owner, manager or attendant of the immobilization company, towing company or storage yard may be reached at any time, twenty-four (24) hours per day, seven (7) days per week so that the vehicle may be released or reclaimed in a minimum amount of time, not to exceed one (1) hour from the initial contact of the owner of the vehicle or the owner’s authorized agent.
e. Any storage yard used to store vehicles delivered by a private impound tow truck service or operator that tows or removes a vehicle from private parking lots in the City of Bowling Green shall provide reasonable security.
f. All immobilization companies, towing companies, storage yards and/or operators shall be licensed by the State if applicable, shall comply with the City’s occupational licensing and registration requirement and shall comply with all applicable laws, rules and regulations. The immobilization company, private impound tow truck service or operator and the storage yard used by that private impound tow truck service or operator shall obtain and maintain general liability and on-hook insurance coverage or similar insurance coverage for damage to the booted or towed vehicle and all other insurance required by state law. Proof of the required insurance shall be made available to the City of Bowling Green upon request.
g. All vehicle immobilization devices used within the City shall be in safe and proper working condition.
h. It shall be unlawful for any person to immobilize a vehicle unless the boot is installed on a tire located on the driver’s side of the vehicle.
i. Immediately upon attaching a boot to the vehicle, the private immobilization company shall affix a written notice to the driver’s side window containing the following: a warning that any attempt to move the vehicle may result in damage to the vehicle; the name and telephone number of the licensee responsible for removing the device; the fee established, the time and reason the vehicle was immobilized, and the private immobilization company will respond within one (1) hour from the initial contact of the owner to accept payment and remove the boot.
j. Any private immobilization company engaged in booting or immobilization of a vehicle on a private parking lot shall, upon the request of the vehicle owner or operator, display and exhibit a photo identification card issued by the booting company containing contact information for the company.
(Ord. BG2014-5, 3/18/2014; Ord. BG2020-38, 12/1/2020)