The following are applicable to commercial parking lots.
(A) No booting or immobilization shall occur in a commercial parking lot without the following signage in place:
(1) Signs of at least four square feet in size and positioned no less than four feet and no more than six feet above site grade which contain a clear warning that state: (1) violators' vehicles will be booted, at the vehicle owner's expense; (2) the name and telephone number of the boot operator; (3) that the maximum price for release of the vehicle is $125 per day; and (4) that the booting operator must arrive to release the vehicle within 30 minutes of requesting for release of the vehicle if the request is between the hours of 7:00 a.m. and 7:00 p.m., and one hour of requesting for release of the vehicle if the request is between the hours of 7:00 p.m. and 7:00 a.m., or there can be no charge for the release of the vehicle.
(2) The signs described in this section shall be located at each designated entrance to a parking lot. Each sign shall be clearly visible to any driver of a motor vehicle approaching any point of ingress to the property. Where there is no designated entrance, the signs shall be erected so as to be clearly visible from each and every parking space. The signs shall not be situated in a way that interferes with critical sightlines or otherwise compromise the safety of motorists and the town reserves the right to require repositioning of signs in the interest of public safety and welfare. Any additional signage positioned on the lot shall not contain information that is inconsistent with the sign(s) described in this section. Information on other signage within the parking lot that is inconsistent with the signs described in this chapter shall be removed or replaced within 15 days of notice from the town.
(3) All signage required under this section must be approved by the town's Planning, Land Use, and Neighborhoods Department.
(4) To the extent that the requirements of this section are inconsistent with the signage requirements in the town's Zoning Code, the requirements in this section shall prevail.
(B) If the boot operator or parking lot operator has the contact information for the vehicle owner, then the boot operator shall notify the vehicle owner prior to the installation of a boot or immobilization device and allow the vehicle owner 15 minutes to remove their vehicle from the parking lot.
(C) Only one boot or immobilization device may be placed on a vehicle.
(D) Immediately upon installing a boot or immobilization device, the boot operator shall affix a blaze orange warning decal at least 47 square inches in size prominently in the center of the driver's side window or on the front windshield directly in front of the vehicle steering wheel. The warning decal shall be affixed in such a manner as to withstand the elements but not in such a manner as to leave permanent marks or residue on the vehicle. The warning decal shall clearly and legibly inform the operator of the vehicle that an immobilization device has been installed on the vehicle and that attempting to move the vehicle will cause serious damage to the vehicle. This decal shall display the name and address of the boot operator as well as the telephone number at which the boot operator will be available 24 hours a day for the purpose of accepting payment and removal of the boot and/or warning decal. Upon payment of the booting fee, the boot operator shall remove the decal and shall have in its possession the appropriate materials needed to remove all parts of the decal, adhesive material, and any residue.
(E) A boot operator shall maintain 24-hour telephones as well as boot and warning decal removal services.
(F) A boot operator may only impose a booting fee if all requirements of this chapter have been met.
(G) For self-release immobilization devices, the drop-off location must be clearly marked and located at a conspicuous location within the parking lot where the booting or immobilization occurred. Boot operator shall not be entitled to retain a security deposit or a holding fee if the drop-off location is not clearly marked in a conspicuous location within the parking lot or is broken, full, or otherwise inaccessible.
(H) If the boot or immobilization device is self-releasing, the boot operator shall release the boot or provide release instructions within 30 minutes of receiving a call, text or other electronic communication requesting release of the vehicle if the request is between the hours of 7:00 a.m. and 7:00 p.m., and one hour of calling for release of the vehicle if the request is between the hours of 7:00 p.m. and 7:00 a.m. If the boot operator fails to release the boot or to provide release instructions within the time specified herein, there shall be no booting fee or any other charge.
(I) If the boot or immobilization device is not self-releasing, the boot operator must be able take payment in person and must arrive at the parking lot within 30 minutes of receiving a call, text or other electronic communication requesting release of the vehicle if the request is between the hours of 7:00 a.m. and 7:00 p.m., and one hour of calling for release of the vehicle if the request is between the hours of 7:00 p.m. and 7:00 a.m. Upon payment, the boot operator must immediately release the boot or immobilization device and remove the warning decal, adhesive material and any residue. If the boot operator fails to arrive within the time specified herein, there shall be no booting fee or any other charge and the immobilization device shall be removed immediately.
(J) If the vehicle owner or vehicle operator of a motor vehicle parked without authorization in a commercial parking lot attempts to retrieve the vehicle before a boot or other immobilization device is completely installed, there shall be no booting fee and the vehicle owner or vehicle operator shall be allowed to remove the vehicle without further delay and without being assessed a fee or charge of any kind.
(K) A company used to immobilize cars in commercial parking lots must have a town business license.
(Ord. 24030, passed 9-13-24)