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(a) A person commits an offense if he immobilizes or causes the immobilization of a vehicle on a parking lot without signs being posted and maintained on the parking lot in accordance with this section at the time of immobilization and for at least 24 hours prior to immobilization of the vehicle.
(b) Except as otherwise provided by Section 48C-41 of this chapter, at least one sign must be placed on the right or left side of each driveway access or curb cut allowing access to the parking lot. If curbs, access barriers, landscaping, or driveways do not establish definite vehicle entrances onto the parking lot from a public roadway, other than an alley, or if the width of an entrance exceeds 35 feet, signs must be placed at intervals along the entrance so that no entrance is farther than 25 feet from a sign. At least two signs must be placed on the interior of the parking lot. The director may require one additional interior sign to be posted for each 50 parking spaces over 150 contained on the lot.
(c) Each sign required by Subsection (b) to be placed upon a parking lot must:
(1) be approved by the director;
(2) contain:
(A) the following information in white letters at least two inches high on a bright red background:
(i) the words “VEHICLE IMMOBILIZATION ENFORCED”; and
(ii) a statement that payment for parking must be made to the pay station or uniformed parking attendant;
(B) the following information on the next lower portion of the sign in red letters at least one inch high on a white background:
(i) the words, “Unauthorized Vehicles Will Be Immobilized at Owner’s or Operator’s Expense. Failure to Pay Parking Rate is Deemed Owner’s or Operator’s Consent to Vehicle Immobilization”; and
(ii) the days and hours immobilization is enforced at the location, which may be satisfied by a statement that immobilization is enforced at all times; and
(C) the following information on the bottommost portion of the sign in white letters at least one inch high on a bright red background:
(i) the name, street address, and current telephone number, including area code, of the vehicle immobilization service; and
(ii) a telephone number answered 24 hours a day, seven days a week, at which a vehicle owner or operator may obtain information to have the boot removed from the vehicle, if different from the telephone number listed in Subparagraph (C)(i);
(3) be at least 24 inches tall and 18 inches wide and constructed of a rigid weather-resistant metal;
(4) be permanently mounted on a pole, post, permanent wall, or permanent barrier;
(5) be readable day and night;
(6) be permanently installed on the parking lot in a manner and location approved by the director so that the sign is facing and conspicuous to any person entering the lot; and
(7) be posted so that the bottom edge of the sign is not lower than five feet or higher than eight feet above ground level.
(d) In addition to the signs required to be posted under Subsection (b) of this section, the following two signs must be posted and maintained on the interior of the parking lot in a location and manner approved by the director:
(1) The first sign must meet all of the requirements of Subsection (c) of this section, except that all wording must be in Spanish instead of English and the translation must be approved by the director.
(2) The second sign must comply with form, size, color, and wording requirements established by rule or regulation of the director and must include the following information in both English and Spanish:
(A) the maximum vehicle immobilization fee that may be charged under this chapter; and
(B) a statement of how and to whom a complaint concerning a vehicle’s immobilization or a violation of this chapter can be made, which information must be approved by the director.
(e) A person commits an offense if, on the same parking lot, he posts or allows the posting of a sign or signs indicating the name of more than one vehicle immobilization service.
(f) A person commits an offense if he removes or obstructs or allows the removal or obstruction of a sign required by this section to be posted on a parking lot. It is a defense to prosecution under this subsection that the removal or obstruction was caused by:
(1) a city employee in the performance of official duties; or
(2) the parking lot owner or vehicle immobilization service licensee or operator authorized by the parking lot owner for the purpose of:
(A) repairing or maintaining the sign;
(B) complying with this chapter or a rule or regulation promulgated under this chapter; or
(C) terminating a vehicle immobilization service agreement for the parking lot.
(g) A minor variation of a required or minimum height of a sign or lettering is not a violation of this chapter.
(h) It is a defense to prosecution under Subsection (a) of this section that the vehicle was immobilized by or under the direction of a police officer or traffic and parking controller of the city. (Ord. 27629)
(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)
A licensee or permittee commits an offense if he, either personally or through an employee or agent:
(1) immobilizes a vehicle and fails to install at least one boot on a tire located on the driver’s side of the vehicle;
(2) immobilizes a vehicle on a parking lot for which the parking lot owner does not provide a receipt to the vehicle owner or operator under Section 48C-38 of this article;
(3) fails to arrive at a parking lot within 30 minutes after the time the licensee is notified to do so by the vehicle owner or operator or the owner or operator’s representative; or
(4) fails to remove a boot without charge to the vehicle owner or operator, or to the parking lot owner, if the removal is requested before the boot is completely installed. (Ord. Nos. 27629; 27803)
(a) A licensee or permittee shall provide the owner of any vehicle immobilized on a parking lot by the licensee with written notice containing the following information:
(1) The company name, address, telephone number, and vehicle immobilization service license number of the licensee.
(2) A statement that the vehicle has been immobilized and damage may occur if the vehicle is moved.
(3) The date and time the vehicle was immobilized.
(4) An explanation of how to request removal of the boot from the vehicle, including a telephone number, answered 24 hours a day, at which a vehicle owner or operator may obtain information to have the boot removed from the vehicle.
(5) The amount of the immobilization fee and any outstanding parking fees.
(6) A statement approved by the director explaining how and to whom a complaint concerning the vehicle’s immobilization or a violation of this chapter can be made.
(7) A statement that the vehicle owner or operator has a right to request a hearing under Subchapter J, Chapter 2308 of the Texas Occupations Code, as amended, regarding whether probable cause existed to immobilize the vehicle.
(b) The notice must be adhered to the front windshield and driver’s side window of the vehicle at the time of immobilization.
(c) The licensee shall include with the notice required under Subsection (a) of this section a notice that complies with the content requirements of Section 2308.455 of the Texas Occupations Code, as amended. (Ord. 27629)