§ 86-292. Immobilization of vehicles on private property.

(a)

Occupational license required. No property owner or immobilization contractor shall engage in the business of immobilization of motor vehicles parked on private property without permission or authority unless such property owner or immobilization contractor shall first obtain an occupational license in accordance with the procedures set out in chapter 22. For purposes of this section, the term "property owner" shall include and refer to the owner, lessee, or controller, person or entity otherwise in control of real property, their agents, servants, or employees. The immobilization contractor shall sometimes be referred to in this section as the "contractor." The term "premises" shall mean the private property owned, controlled or used by a property owner for the parking of motor vehicles at its business or auxiliary to its business.

(b)

Immobilization license required. No property owner or contractor shall engage in the business of immobilization of motor vehicles which are parked on private property without permission or authority unless such property owner or immobilization contractor shall first apply for and obtain an immobilization license.

(c)

Requirements for immobilization license. No property owner or immobilization contractor shall be issued an immobilization license under this section unless there is proof of compliance with each of the following requirements:

(1)

Notice.

a.

Notice must be prominently placed at each driveway access or curb allowing vehicular access to the property, within five feet from the public right-of-way line.

b.

The notice must clearly indicate on a sign which meets the identical physical requirements mandated in this article that parking is reserved for customers only and unauthorized vehicles will be subject to immobilization and/or towing at the owner's expense.

c.

The notice must also provide the name and telephone number of the person or firm immobilizing the vehicle, the fee for the removal of the immobilization device, such fee not to exceed a maximum rate as established by resolution of the city commission and on file in the city clerk's office, unless modified pursuant to the procedures indicated in this article. Acceptable methods of payment shall include cash, check payable in United States funds and credit card. The maximum fee for the removal of the immobilization device shall be effective from the date of adoption of the ordinance from which this section is derived.

d.

The notices shall read substantially as follows (with the designated information to be inserted at the indicated spaces):

ALERT! IMMOBILIZATION/TOW-AWAY ZONE ENTERING PRIVATE PROPERTY PARKING PERMITTED FOR (insert name of property owner) CUSTOMERS ONLY. IF YOU PARK YOUR VEHICLE AND LEAVE THE PREMISES, YOUR VEHICLE WILL BE IMMEDIATELY IMMOBILIZED SUBJECT TO A (insert fee) FEE TO RELEASE VEHICLE OR TOWED AT YOUR EXPENSE. IMMOBILIZATION PERFORMED BY: (Insert name, address and telephone number to call).

e.

If the property is being operated as a parking lot business, the notice language in subsection (c)(1)d of this section should be modified to provide that immobilization shall result in the event that the vehicle is parked in the parking lot without payment of the parking fee.

f.

The sign structure containing the required notices must be permanently installed with the words "Alert. Immobilization/Tow-Away Zone." The sign shall meet the physical requirements contained in this article.

(2)

Inspection of real property where immobilization is used to enforce parking restrictions. The property owner shall provide access to city personnel in order to inspect the required signs on premises where immobilization is used to enforce parking restrictions.

(3)

Method of immobilization. Immobilization shall be accomplished by placing a steel boot to the front wheel on the driver's side of the motor vehicle. The steel boot may be placed on any other wheel if placement on the front wheel on the driver's side is not feasible.

(4)

Warning sign requirement. Upon immobilization, the property owner shall affix a warning notice written in English, Spanish, Portuguese, German and French, on the driver's side window of the vehicle, indicating that the vehicle is immobilized and that any attempt to move it will cause damage, and shall provide a local telephone number to contact for release of the immobilization device, and the fee for its removal. The city shall provide the property owner or immobilization contractor with a form copy of the warning sign simultaneously with the issuance of its immobilization license.

(5)

Availability and response time. The property owner or immobilization contractor shall make available on a 24-hour, seven-days-a-week basis, attendants and equipment for the timely release of the immobilization device. The immobilization contractor is required to remove the immobilization device from the vehicle within 30 minutes of a call for such service by the owner of the immobilized vehicle provided payment to remove the device has been made.

(6)

Record of contracts. The property owner or immobilization contractor shall file and maintain on record at all times with the mayor or his designee a list of any and all current written contracts for immobilization services on private real property within the city limits. The list shall be kept current and shall provide the city with (i) the address of the real property; (ii) the date of the agreement; (iii) a contact name and telephone number at the premises.

(7)

Towing/removal requirements. An immobilized vehicle shall not remain immobilized on private property for more than 24 hours. After such period of time has expired, the vehicle shall be released from the steel boot and may be towed or removed.

(8)

Insurance. The property owner or immobilization contractor shall file with the city's risk management division and have in effect an insurance policy or certificates of insurance in lieu thereof, which shall indemnify or insure the property owner or immobilization contractor for all claims of damage to property resulting from any action or operation in connection with the service performed, such amount not to be less than $20,000.00 for each incident.

(9)

Recordkeeping procedures. The property owner or immobilization contractor shall keep an immobilization log with information including but not limited to: date and time the vehicle was observed illegally parked, compliance with subsection (c)(3) of this section, the date and time of immobilization, the location/address of the real property where the immobilization took place, make, model, color and license tag number of the vehicle immobilized. In addition, the immobilization contractor shall include in the log the following release information: verification of vehicle ownership, the name of the person removing the steel boot and the name of the person requesting tow service, if applicable. All files, records, and logs shall be available for inspection and checking on the subject premises during normal working hours by the mayor or his designee, upon reasonable notice to the property owner or immobilization contractor.

(10)

Ethics and conduct. The property owner and immobilization contractor shall conduct their business in an orderly, ethical, and business-like manner at all times, and shall use every means to obtain and keep the confidence of the motoring public. All public contact shall be in a courteous and orderly manner.

(d)

Enforcement. If at any time a property owner or immobilization contractor fails or refuses to comply with, or violates any of the provisions of this section, such property owner engaging the services of the immobilization contractor shall be subject to prosecution under the city's code enforcement system. Additionally, the city may seek injunctive relief and/or follow procedures to revoke and/or suspend the occupational license as set forth in this Code.

(e)

Exemptions. Nothing in this section shall affect the rules and regulations governing any person or firm engaged in the towing and removal of vehicles parked on private property within the city.

(f)

Rebates. The rebate or payment of money or any other valuable consideration, directly or indirectly from the individual or firm immobilizing or removing vehicles to the owners or operators of the premises from which the vehicles are immobilized or removed, for the privilege of immobilizing or removing those vehicles, is prohibited.

(g)

Identification. The immobilization contractor's employees or agents shall wear identification tags stating the full name of the contractor and the name of the employee or agent; no identification worn by contractor's employees or agents shall use the words "enforcement," "department" or "police." Such identification tags shall be prominently displayed on the front left side of the employee's or agent's shirt. Contractor's employees or agents shall not wear uniforms that bear resemblance to law enforcement officers. No badges that bear resemblance to law enforcement officers may be worn by immobilization contractor or staff. All contractor vehicles shall display the company name (or name of joint venture or individual owner or other entity ownership) on the driver and passenger side of the vehicle in letters at least three inches high. The company's address (or address of joint venture, or individual owner or other entity ownership) and telephone number shall be displayed on the driver and passenger side of the vehicle in letters at least one inch high. No contractor shall use the words "enforcement," "department" or "police" in its company name (or name of joint venture, fictitious name, or entity name).

(h)

Citizen complaints. The immobilization contractor shall respond in writing to any complaints received by the mayor or his designee, concerning misconduct on the part of contractor or its employees or agents, such as excessive charges, poor business practices, discourteous service, damage to vehicles or failure to give notice as required by this section. The mayor or his designee shall notify the contractor of any complaints within five business days from receipt of the citizen complaint. The contractor shall provide any additional explanation or information with respect to the particular complaint within five days upon notification. A written disposition of the complaint will be forwarded to the contractor and the citizen complainant upon completion of the investigation.

(Code 1979, § 19-240)