SEC. 48C-41. REQUIREMENTS FOR IMMOBILIZATION.

   (a)   A person commits an offense if he immobilizes or causes the immobilization of a vehicle on a parking lot unless:

      (1)   at the time the vehicle is to be immobilized:

         (A)   the parking lot owner signs written authorization for immobilization of the vehicle by the vehicle immobilization service, or

         (B)   a current written agreement exists between the parking lot owner and the vehicle immobilization service authorizing immobilization of unauthorized vehicles on the parking lot and a photograph is taken reasonably showing that the immobilized vehicle was unauthorized on the parking lot; and

      (2)   at the time the vehicle is to be immobilized and for at least 24 hours prior to immobilization:

         (A)   a sign is posted and maintained on the parking lot that:

            (i)   is facing and conspicuous to any person entering the lot; and

            (ii)   displays all parking rates, including special event rates, charged by the parking lot owner, along with any corresponding day, time, and event for which the rates are charged;

         (B)   all numbered parking spaces in the parking lot are correctly numbered and easily readable both day and night; and

         (C)   the parking lot:

            (i)   is in compliance with all city, state, and federal laws applicable to parking lots; and

            (ii)   meets the requirements for surface parking lots set forth in Section 51A-4.124(a)(9)(E) and (F) of the Dallas City Code, as amended, regardless of where in the city the parking lot is located.

   (b)   The written authorization for immobilization required by Subsection (a)(1)(A) must contain:

      (1)   a description of the vehicle to be immobilized including the make, model, color, state license plate number, and vehicle identification number of the vehicle;

      (2)   the date and time of the vehicle’s immobilization;

      (3)   the location at which the vehicle is immobilized;

      (4)   the reasons for immobilizing the vehicle; and

      (5)   the signature of the parking lot owner.

   (c)   The written agreement required by Subsection (a)(1)(B) must:

      (1)   contain a clear election, signed by the parking lot owner or the parking lot owner’s duly authorized agent, as to whether the vehicle immobilization service is authorized to immobilize unauthorized vehicles on the parking lot 24 hours a day, seven days a week or only during the normal business hours of the parking lot owner; and

      (2)   be renewed at least every two years and whenever there is a change in ownership of the parking lot. (Ord. 27629)