§ 6.10.065. Booting and towing company general conduct.

(a)

Booting by periodic check or by individual request:

(1)

Booting companies may contract with private property owners to perform periodic property checks. A booting company so employed must use an independent dispatch service to track the booting company's activities in performance of its contract, including recording the vehicles booted and the relevant time entries for booting. The booting company shall call the dispatch service upon the initial identification of a violation and provide the service with the license number and make and model of the vehicle intended to be booted. A period of at least ten minutes must elapse between the time of notification of the dispatch service and placement of the boot on the offending vehicle. Upon placement of the boot, the booting company shall notify the dispatch service of the time the boot was placed. Designation of times by the dispatch service must be accurately entered at the time of each booting company call, verifiable and not entered only in anticipation of compliance with the timing requirements of this Section.

(2)

Private property owners, or those in legal possession of private property, or their authorized agents, may use the services of a licensed towing or booting company to address individual parking violations. The service must be specifically requested for each incident through a dispatch service, and a tow service or booting company properly dispatched on each occasion. The time of the call shall be logged by an independent dispatch service, and an authorization slip to boot or tow must be signed by the property owner or his agent that indicates the time the boot is placed on the vehicle or the vehicle is towed. A period of at least ten minutes must elapse between the time of the logged property owner request and the placement of the boot or towing apparatus on the vehicle. The name and business address of the requesting individual must be entered on the bill. The person requesting and authorizing the tow or boot must remain present while the towing or booting is being performed. Designation of times by the dispatch service must be accurately entered at the time of each booting company call, verifiable and not entered only in anticipation of compliance with the timing requirements of this Section.

(b)

Upon installation of a boot, the booting company shall affix a blaze orange warning placard or sticker to the center of the driver's side window or to the front windshield directly in front of the steering wheel to the booted vehicle. The sticker or placard must be no smaller than 44 square inches and must clearly and legibly state that a locking device has been installed on the vehicle, state that attempting to move the vehicle will cause serious damage to the vehicle, display the date and time the vehicle was booted, display the booting company's business name, business telephone number and dispatch telephone number. A release or waiver of any kind appearing on a warning decal purporting to limit or avoid liability for damages to a vehicle that has been booted is not valid. Upon payment of the service fee, the booting company shall offer to remove the decal and shall have in possession the appropriate materials to remove the decal and residue.

(c)

Beginning upon the time a vehicle owner requests from a booting company or its dispatch to release a vehicle, a booting company must respond within 45 minutes to the booted vehicle. The dispatch service shall be notified by the booting company of the time of arrival at the booted vehicle, and the time of arrival shall not be recorded as sooner than the booting company's vehicle being parked at the booted vehicle.

(d)

Thereafter, upon payment of the charge for booting, the booting company shall immediately release the booted vehicle.

(e)

If a vehicle owner arrives to his or her vehicle prior to the running of the ten minute waiting period for booting, the vehicle owner shall be permitted to remove his or her vehicle without installation of a boot and without assessment of a charge against him or her.

(Ord. No. 6097, § 1, 3-11-09)