§ 66-403. Booting service business requirements.

(a)

No motor vehicle shall be booted unless: (1) the booting service business has a written contract with the owner, lessee, managing agent or other person in control of the business that is served by the parking on which the motor vehicle is parked, and (2) the said owner, lessee, managing agent or other person in control of the business issues to patrons a time and date stamped receipt or hand-written acknowledgment for good or services provided by said business and has a sign in the establishment offering such a receipt or acknowledgment, or (3) said dwelling owner or manager provides authorized tenants or visitors parking passes or other proof indicating the authority to park. Such contract shall provide that such owner, lessee, managing agent or other person in control of the business or establishment that is served by the parking shall also be liable for any violation of the booting service business or any provisions of this article.

(b)

The owner, lessee, managing agent or other person in control of the business under contract with the booting service business shall be the individual to determine that the motor vehicle is unauthorized to park and subject to be booted. A representative of the business being served by the parking shall make the determination of the motor vehicle to be booted during the hours the store or establishment is open for operations, not the booting service business. The booting service business shall not boot any vehicle during nonbusiness hours of the store, business or establishment associated with the parking.

(c)

Immediately after the motor vehicle is booted, the booting service business shall affix at the rear-most portion of the window adjacent to the driver's seat of such vehicle, a sticker measuring eight and one-half inches by 11 inches containing a warning that any attempt to move the vehicle may result in damage to the vehicle, that the booting service business may file suit against the motorist for any damage to the booting device, and stating the time and date the vehicle was booted, the name of the individual who installed the boot, the fee to remove the boot, the time frame by which the boot shall be released once a call is made and the consequences to the booting service business for not releasing the boot within the specified times, and the name, business address and the business telephone number which will facilitate the dispatch of personnel responsible for removing the boot, and the name of the business being served in which the violation took place, the name of the individual of the business or establishment who authorized the booting or the motor vehicle, and the name, phone number and time during which an appeal can be made to the city within ten calendar days of this action. The booting service business shall not remove the sticker, unless it is requested by the vehicle owner or operator.

(d)

At all times, seven days a week, 24 hours a day, the booting service business shall release the booted motor vehicle within 30 minutes of receiving a request for such vehicle's release; provided, however, that payment of any charges for booting, and any parking charges, if applicable, is made at or prior to the time of such vehicle's release. The maximum charge for removing the boot is $90.00. No extra charge shall be made for any check or credit card payment. The fee to release the boot shall be reduced by 50 percent (a maximum fee of $45.00) should the booting service business not arrive within 30 minutes of receiving a request for such vehicle's release. There shall be no charge to release the boot should the booting service business not arrive within 60 minutes of receiving a request for such vehicle's release. The booting service business shall maintain a time-stamp method of recording all calls pertaining to release of vehicles. These records shall be maintained a minimum of 90 days, and a copy of any particular call or all calls within a designated period shall be made available within three business days at no cost to the city or its representative.

(e)

The booting service shall provide an office to receive the payments to release the boots that is open seven days a week, 24 hours a day located in the city.

(f)

The booting service business shall provide a receipt to the individual paying the booting charges at the time such charges are paid. Payment may be made at the location where the motor vehicle is booted. Such receipt shall state all charges, the time and date the boot was placed; who installed the boot; the time and date the boot was released or is scheduled to be released, if payment made at the office, the person releasing the boot; the specific possible reductions in the booting fee (50 percent or free) due to time limitations in removing the boot; the name of the individual who determined that the motor vehicle was not authorized to park and designated it for booting, the name of the business or establishment and its address; the identification number of the boot; the license plate number of the motor vehicle booted; the name, business address and telephone number of the booting service, the location where payment was made, the type of payment (cash, check or credit card) made, and the time payment was made; and the information regarding the right to appeal or complaints regarding this action which can be made to the city within ten calendar days, with the telephone number to appeal the action.

(g)

No booting fee shall be charged to a vehicle owner or operator who can produce and has possession of a timed and dated receipt or hand-written acknowledgment to indicate that goods or services were purchased at a store or establishment associated with the parking area with tow hours prior to the placement of the boot.

(h)

The boot shall be the color yellow, and shall have the name and telephone number to have the boot removed painted in no less than one inch black letters of the service business on the boot. Each boot shall have its own specific identification number printed in such a fashion that can be seen when the boot is placed on the motor vehicle.

(i)

The person placing or removing the boot must wear a company uniform and a picture identification badge displaying the name of the booting service business, the name of the person and the person's employee number. Both the uniform and badge must clearly indicate the company employing the person.

(j)

All vehicles used to place or remove a boot shall permanently display on each front and insert door in no less than two inch lettering, the business name, address and telephone number. Magnetic signs are not permitted. The booting service business shall notify the director of the department of safety and permits by certified mail within three days of any change of address.

(k)

The booting service business shall charge only one booting fee for any motor vehicle combination. The booting service business may charge one fee for a trailer separated from its means of transportation.

(l)

The booting service business shall not boot any motor vehicle displaying a tax exempt license plate, any marked emergency motor vehicle or any motor vehicle with one or more occupants.

(m)

In the event the booted motor vehicle is not claimed within 24 hours, the person who authorized the boot to be placed shall notify the department of police, state police and the department of public works, parking division with the vehicle's description and location. If the vehicle has been reported stolen, the boot shall be removed at no cost. If the vehicle has not been reported stolen, the boot shall be removed at no cost. If the vehicle has not been reported stolen, the person who authorized the boot to be placed shall have the boot removed at no cost and have a towing company registered with the department of police remove the vehicle before the end of the 36 hour period the boot was first placed. The towing company shall follow all regulations established by the city and state regarding such a procedure. There shall be no charge for removal of the boot to the towing company or the motor vehicle owner or operator.

(n)

There shall be no payment of any kind by the booting service business to anyone associated with the business, store or establishment being provided booting service. Any such payment shall continue a violation of this article, and all licenses and permits of both parties shall be revoked for a minimum of one year.

(Ord. No. 19,838, § 1, 10-5-00)