(a) Definitions. As used in this section:
(1) "Improperly parked" means parked overtime at a meter, parked in a restricted parking location or improperly stopped or parked on a public street, road, alley or parking garage.
(2) "Boot", "booting" or "booted" means the act of immobilizing a motor vehicle, in such a manner as to prevent its operation, with a device or by means which will cause no damage to such vehicle unless such vehicle is moved while such device is in place or such means are employed.
(Ord. 4713. Passed 2-22-95.)
(b) Boot Installation. A motor vehicle found parked within the City upon any public ground or in any public parking facility at any time may be booted by the Police Department or an employee of the Bureau of Parking if there are three or more unsettled parking violations pending against the owner of such motor vehicle or if the owner of the vehicle is more than three months in arrears in monthly parking fees. Such booting shall serve to prevent the removal of the vehicle by any person, except an authorized tower, until all fines, fees, penalties and costs are paid in full.
(Ord. 4753. Passed 9-11-96.)
(c) Notice of Booting. Upon the booting of a motor vehicle, the officer or employee shall cause to be placed on the vehicle, in a conspicuous manner, notice sufficient to warn any individual that the vehicle has been immobilized and that any attempt to move the vehicle might result in damage to the vehicle. The notice shall also outline the procedure for obtaining removal of the boot. As soon as practicable, the officer or employee shall provide the owner of the booted vehicle, at his or her request, with notice of the specific parking violations for which, or on account of which, such vehicle was booted.
(d) Boot Removal; Post-Immobilization Hearing.
(1) The owner of a booted vehicle, or other authorized person, shall be permitted to secure the release of the vehicle upon:
A. Paying the amount of the fines and penalties for the violations for which the boot was attached;
B. Paying the amount of the fines, penalties and court costs, if any, for any other unsettled parking violations involving the owner of the booted vehicle; and
C. Paying the fees required under subsection (f) hereof.
(2) The owner of a booted vehicle, or other authorized person, shall have the right to a post-immobilization hearing limited to the determination of the validity of the booting. Such hearing must be requested within fifteen days after the vehicle is booted and shall be conducted by the designated District Magistrate. The hearing shall be held during normal business hours within ten business days of the demand therefor or as soon as practical. The post-immobilization hearing will not be determinative of or adjudicate the merits of any citation issued relative to any immobilized vehicle, but will be limited solely to determining whether the vehicle was properly subject to booting under the provisions of this section.
(e) Towing and Storage of Vehicles. The boot shall remain in place for forty- eight hours, unless the owner has complied with subsection (d) hereof. If such compliance has not occurred within forty-eight hours, the vehicle shall be towed or impounded. If the booting occurs when a vehicle is parked in any zone regulated by towing provisions, then such vehicle is subject to immediate towing and impounding. Towing and storage fees, as specified in Section 422.02, shall be paid, along with the fees specified in subsection (d) hereof, before the owner of such vehicle, or other authorized person, shall be permitted to repossess or secure the release of the vehicle. Vehicles unclaimed within sixty days of towing and storage shall be deemed abandoned and subject to disposal as such in the manner authorized by law.
(f) Booting Fee. The owner of a booted vehicle shall be subject to a fee established by resolution of City Council and amended from time to time for such immobilization, in addition to the fines and costs for the parking violations for which the vehicle was originally booted. All unpaid fees remaining unpaid after the twenty- first calendar day are subject to the booting provisions contained in this chapter with all fees and charges to be paid in full prior to removal of booting apparatus.
(1) Fees collected in excess of one hundred dollars ($100.00) shall be dedicated for bond and other debt service of the Parking Fund operations and no other purposes.
(g) Enforcement; Implementation. This section shall be enforced by the Bureau of Parking or the Department of Police. The Director of the Bureau of Parking, or a successor position thereto, and the Chief of Police, or the City Manager, shall have the authority to implement the parking enforcement provisions set forth in this section, including waiver and/or settlement of disputed violations, and to promulgate such rules and regulations as are necessary therefor, which regulations shall become effective upon approval by Council.
(h) Right to Hearing Not Waived. Nothing in this section shall be construed to deprive any person of the Constitutional right to a hearing or trial as to the violations for which citations have been issued.
(i) Tampering With Boot; Unauthorized Movement of Vehicle. No person shall tamper with, remove or attempt to remove any device used to immobilize a motor vehicle that has been booted pursuant to this section, or move or attempt to move the booted vehicle before release of the vehicle has been officially secured.
(Ord. 4713. Passed 2-22-95; Ord. 5048. Passed 12-18-09; Ord. 5217. Passed 12-29-16; Ord. 5323. Passed 12-8-21.)