§ 55-297 — Prohibited use of services

Sec. 55-297. - Prohibited use of services.

Except as provided in section 54-811, it shall be unlawful for any vehicle immobilization service or its agents, servants or employees, or for any person, to immobilize a motor vehicle, by installing on or attaching to the vehicle a device designed to restrict the normal movement of such vehicle or by any other means whatsoever: (1) When the vehicle is located on any area or portion of a public street within the city; (2) When the vehicle is located on any private road or driveway or on any other privately owned land or property within the city, unless: a. The operator or other person performing the immobilization shall conspicuously affix to such vehicle a written notice not less than eight (8) inches by eleven (11) inches in size, with letters at least one-half (½) inch in height, advising the owner, driver or person in charge of the vehicle that the vehicle is immobilized and damage may occur to the vehicle if moved, and that release from such immobilization may be obtained at a designated place; such notice shall include the name, address, and telephone number of the person who immobilized the vehicle and from whom release from such immobilization may be obtained, and the fee for such release; b. The operator or other person performing the immobilization and from whom release from immobilization may be obtained shall maintain an office readily accessible to the public by telephone or in person within the city that shall be open and manned on the premises twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days per year for the purpose of releasing vehicles from immobilization; c. The fee for release from a licensed private immobilization service or operator shall not exceed the scheduled fine amount that is established by the county court pursuant to D.R.M.C. 54-795 for a violation of D.R.M.C. 54-514, Parking meter violation, per twenty-four-hour period, not to exceed a maximum amount of one-hundred dollars ($100.00) for the removal of the vehicle immobilization device or devices. The fee per twenty-four-hour period shall be all-inclusive; no additional fees may be charged; d. The person from whom release from immobilization may be obtained shall release the vehicle from immobilization and remove the warning notice and any adhesive within one (1) hour after having been contacted by the owner, driver or person in charge of the vehicle, and after receipt of payment; and e. The person performing the immobilization and any other operator from whom release from immobilization may be obtained on site shall wear a picture ID issued by the vehicle immobilization service and a shirt, jacket, or other upper body garment issued by the vehicle immobilization service and displaying the words "PARKING CONTROL" with lettering not less than four (4) inches in height, and shall exhibit upon request a copy of the operator's vehicle immobilization service license; (3) When such vehicle is located within a parking lot as defined in section 55-261; or (4) When a device or other means used for restricting the normal movement of a vehicle by a vehicle immobilization service causes any damage to such vehicle.

(Code 1950, § 959.8; Ord. No. 1106-01, § 2, 12-17-01; Ord. No. 868-05, § 1, 11-28-05; Ord. No. 610-07, § 1, 10-29-07)