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An Operator shall comply with all applicable provisions of this Article at all times. In particular, Operators shall meet the specific requirements of this Article applicable to different Parking Station operation modes, such as Attended Lot Parking Station, Unattended Parking Station, Flat Rate Parking Station, and Public Event Parking Station, during any time that such Parking Station is being operated in such mode.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 257-14
, File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
The Enforcing Agency, by exercise of its rulemaking authority under this Article, may issue rules, determinations and interpretations consistent with the purposes of this Article as may be necessary and appropriate to apply or enforce this Article relating to new or emerging technologies applicable to RCE, including but not limited to Electronic Payment and other forms of RCE that record and process a Transaction without use of a Parking Ticket or that utilize other paperless means of recording and processing a Transaction.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 257-14
, File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
(a) Unless specifically otherwise provided in Section 2204, an Operator must accept payment of Rent through at least one of the following Electronic Payment methods that comply with the requirements of this Section: credit card, bank debit card, prepaid account card, cellular telephone, QR code, or other means of electronic money transfer that meets the requirements of this Section 2213 and is acceptable to the Enforcing Agency.
(b) Where an Operator utilizes Electronic Payment, the Electronic Payment method must create an Electronic Payment Record for every Transaction that assigns a unique identification number to the Transaction and states the location of the Parking Facility, the amount of Rent charged, and the date(s) and Occupancy Period, which information must be transmitted to the Occupant either through a billing statement or receipt. Any method of Electronic Payment must be administered by a third party payment processor that is not affiliated with the Operator of the Parking Station. An Operator that accepts Electronic Payment must post the business telephone and address of the Operator or the Operator's agent responsible for addressing complaints concerning incorrect charges and other issues concerning payment of Rent.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 257-14
, File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
An Operator may maintain and repair its RCE itself or use Service Agents. An Operator's utilization or reliance upon Service Agents shall not relieve the Operator of its ultimate responsibility for ensuring that RCE is installed in the Parking Station, is functioning correctly, and that said RCE complies with the requirements of this Article during all times that the Parking Station provides parking in exchange for Rent.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006)
(a) During any time that RCE is not functioning, the Operator may continue to operate the Parking Station subject to the following conditions:
(1) The Operator and/or the Operator's agent shall not tow any Motor Vehicle that entered the Parking Station during the time that the RCE is unable to issue legible Parking Tickets or legible Receipts and for eight hours after the RCE is restored to full function.
(2) The Operator shall manually record in ink on preprinted sequentially numbered tickets the following information:
(A) Time and date of the entry of the Occupant's Motor Vehicle to the Parking Station;
(B) Time and date of the exit of the Occupant's Motor Vehicle from the Parking Station;
(C) Total amount Operator charged Occupant, including Rent and Parking Tax;
(D) Parking Station address; and
(E) Business telephone and address of Operator or Operator's agent responsible for addressing consumer complaints.
(3) The Operator shall maintain a log written in ink recording the dates and times and reasons that it utilized manual revenue control procedures. The Operator shall maintain said log and all manually issued Parking Tickets for not less than five years after their creation.
(4) The Operator shall issue to every Occupant an individually and sequentially numbered Receipt stating the date, the Occupancy Period, and the amount charged, including Rent and Parking Tax.
(b) The Operator shall use good faith efforts to maintain and repair the RCE so that it operates in conformance with the requirements of this Article. If malfunctioning RCE is not restored to full function within 72 hours of the time that it ceased to operate in conformance with this Article (excluding Sundays and holidays if the Operator uses a service repair company), the Enforcing Agency may determine that the Operator has not made a good faith effort to maintain or repair the RCE and is in willful violation of this Article. A determination that the Operator has not attempted in good faith to maintain RCE or repair malfunctioning RCE may be rebutted by the Operator's presentation of proof, that the Enforcing Agency in its sole and absolute discretion deems to be credible, to establish the Operator's good faith efforts to maintain or repair the RCE.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010; Ord. 257-14
, File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
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