(a) A licensee commits an offense if he, either personally or through an employee or agent, immobilizes a vehicle on:
(1) a public street; or
(2) any area between the property line of private property abutting a public street and the center line of the street’s drainage way or the curb of the street, whichever is farther from the property line of the private property.
(b) It is a defense to prosecution under Subsection (a) that:
(1) the vehicle was immobilized on a portion of public right-of-way leased by the city to the person requesting immobilization of the vehicle, if such immobilization was not prohibited by the lease and the immobilization was done:
(A) by a vehicle immobilization service currently licensed under this chapter; and
(B) in compliance with all the requirements of this chapter and any other applicable city ordinance or state or federal law; or
(2) the vehicle immobilization was authorized by a police officer or a traffic and parking controller under Section 28-5.1 of this code. (Ord. 27629, eff. 10-1-09)