(A) It shall be unlawful to immobilize a vehicle on commercially zoned private property without authorization from the owner of the motor vehicle or of the city, except under the following circumstances.
(1) The property owner has posted the property with signs. Each sign face shall be at least six square feet.
(2) The posted signs were in place, clearly visible and legible to any driver approaching any point of ingress to the property where parking is prohibited or restricted at the time the vehicle was parked.
(3) The posted signs contain a clear warning that:
(a) Violators’ vehicles will be immobilized, at the vehicle owner’s expense;
(b) The telephone number to call for release of the vehicle;
(c) The maximum price for release of the vehicle is $125; and
(d) The operator must arrive to release the vehicle within 30 minutes of calling for release of the vehicle or there can be no charge for the release of the vehicle.
(4) All signage must be approved by the Zoning Administrator.
(5) The signage requirements in this section are exempt from the requirements for signage contained in the city Zoning Ordinance; and the requirements in this section shall prevail.
(B) The owner of the vehicle immobilized on commercially zoned private property shall be responsible for paying all applicable charges provided that the private property owner has complied with all of the requirements contained in division (A) above. If a vehicle is immobilized as a result of a property owner’s request and the property owner has not complied with the requirements of division (A) above, or if the vehicle is shown to have been legally parked, the property owner shall be guilty of a misdemeanor and may, in the discretion of the municipal judge as provided in S.C. Code § 14-25-75, be subject to reimburse the owner of the vehicle for all charges that the owner of the vehicle paid.
(C) Before immobilizing a vehicle on commercially zoned private property without authorization from the vehicle owner, the operator shall obtain from the property owner a written authorization which shall set forth the name and signature of the property owner, unless, such authorization has been previously filed pursuant to this section.
(D) A company used to immobilize cars on private property must have a City of Folly Beach Business License.
(E) There shall be no immobilization on public property unless authorized by the Director of Public Safety or his or her designee.
(F) Certain parked vehicles declared nuisance. Any vehicle parked on any street or other public property, which is found to be the subject of $150 or more past due on outstanding parking fines issued pursuant to any state or city parking ordinance is hereby declared to be a public nuisance. Any vehicle that has been identified as a public nuisance shall be subject to immobilization.
(1) Immobilization of nuisance vehicles. A police officer or any other person designated by the Chief of Police may immobilize, using vehicle immobilization equipment, any vehicle which is identified as a public nuisance. When attaching vehicle immobilization equipment to a vehicle, the officer, or their designee, shall affix notice to the windshield or other part of the vehicle so as to be readily visible. The notice shall:
(a) Warn that the vehicle has been immobilized and that any attempt to move the vehicle may result in damage to the vehicle;
(b) State the total amount of fines due for parking tickets which are overdue and unpaid that are attributable to such vehicle, in addition to an immobilization fine;
(c) List the address and telephone number to be contacted to pay the charges to have the vehicle immobilization equipment removed; and
(d) Warn that after 48 hours, towing will occur.
(2) The owner of an immobilized vehicle which has been declared a public nuisance due to unpaid tickets shall be subject to an immobilization fine of $125 for the immobilization, which fee shall be exclusive of any bonds posted or fines imposed.
(3) Upon payment of all fines, overdue, and unpaid parking tickets, and the immobilization fine, the vehicle immobilization equipment shall be removed and the vehicle shall be released to the registered owner or any other person legally entitled to claim possession of the vehicle.
(4) It shall be unlawful for anyone to remove vehicle immobilization equipment placed on a vehicle pursuant to this section without all fines having first been paid or an approved payment having been made. The city shall not be responsible for any damage to an immobilized vehicle resulting from unauthorized attempts to free or move the vehicle.
(5) The city assumes no liability for loss or damage to a vehicle or its contents that has been immobilized or impounded pursuant to this section.
(6) If the parking fines and the immobilization fine are not paid, or satisfactory arrangements in lieu of payment are not made, within 48 hours, the vehicle will be towed and impounded. Towing and storage charges shall be the responsibility of the vehicle owner.
(7) After the vehicle is towed, notification shall be made in writing by registered or certified mail, return receipt requested, the person in whose name the vehicle was last registered at the last address reflected by the state Department of Motor Vehicles records that the vehicle is being held and designating the place where it is being held.
(8) Vehicles which have been towed and impounded will not be released until all unpaid parking citations and immobilization fines have been paid. Vehicles impounded and not claimed within 30 days may be disposed of in accordance with state statutes.
(G) In the event there is a dispute between the booting operator and the owner of the vehicle, either party may request a court date to resolve the dispute.
(Ord. 10-09, passed 8-25-09; Am. Ord. 10-18, passed 9-25-18; Am. Ord. 022-23, passed 1-10-24) Penalty, see § 10.99