§ 26-264 — Booting or towing procedures

Sec. 26-264. - Booting or towing procedures.

(a) An officer may boot any vehicle then parked, lawfully or unlawfully, upon any street or highway within the city, or upon any other property under the ownership or control of the city. An officer may also boot any vehicle on property not owned or controlled by the city provided that parking citations may lawfully be issued for violation of city or state laws regarding the parking of vehicles on the property and further provided that the owner of the property gives written consent to the parking official for the installation of boots on the property. An officer may cause the vehicle to be towed in lieu of being booted: (1) If the vehicle, when located by the officer, was parked in violation of any city ordinance or state penal law relating to parking of vehicles; (2) Under any circumstances in which towing by a peace officer is authorized by city ordinance or state law; (3) If the location, configuration or size of the vehicle's tires, wheels, fender wells or other components makes the installation of any available boot owned by the city impracticable; (4) If, based upon the age, model and condition of the vehicle, or the incidence of vehicular crimes in the area where the vehicle is located, or other relevant factors, the officer reasonably believes that there is a significant possibility of theft or damage relating to the vehicle if it is immobilized in place; (5) If the owner has been convicted of any crime relating to the removal of, tampering with or theft of a boot previously installed by the city on any vehicle; or (6) If the owner or operator of the vehicle requests, in writing, that the vehicle be towed. A vehicle that has already been booted may be towed by an officer if any of the circumstances enumerated in items (1) through (6) above exists, or if: (7) The owner has not made arrangements with the parking official to secure removal of the boot within 72 hours after its installation; or (8) The vehicle remains immobilized in any zone where parking is prohibited during certain hours until the commencement of the restricted hours. (b) At the time of booting or towing of a vehicle under this article the officer shall: (1) Check or cause to be checked the appropriate records to ensure that the vehicle is properly listed on the delinquent vehicle list; (2) Check or cause to be checked the most current vehicle registration records available to the city to ensure that the ownership of the vehicle is not reflected to have changed from that specified on the delinquent vehicle list; (3) If booted, notify any office designated by the parking official and place a conspicuous notice or notices in a form approved by the director on the vehicle warning the operator or any other person not to attempt to move the vehicle and advising the operator of the means by which the boot may be removed, and if a self-release vehicle immobilization device is used, the location where the device must be returned and the time frame within which it must be returned, including the right of the hearing; provided, however, that the officer may hand the notice or notices to vehicle owner or operator who is present and objects to the placement of a notice on the vehicle; and (4) If towed, notify the police dispatcher and any other office designated by the director so that they may respond promptly to any inquiry about the vehicle's disappearance. (c) A vehicle may be booted or towed at any time on any day. A hearing requested pursuant to section 26-266 of this Code shall be conducted within two business days of such request. (d) Vehicles shall be towed to a storage lot operated by the city or to a city-licensed storage lot operated under contract with the city. Each lot that is utilized shall have an attendant on duty or available for the release of vehicles from at least 6:00 a.m. to 9:00 p.m., Monday through Saturday, city observed holidays excepted, and shall have an attendant on call who will come to the lot upon one hour's notice at all other times. (e) The parking official shall ensure that officers are available, either on duty or on call, to remove boots from vehicles Monday through Saturday, from 7:00 a.m. through 7:00 p.m. An officer shall remain on duty until at least two hours after a boot is installed. At other times, an officer shall be on call to remove a boot upon two hours' notice. This requirement shall not apply when the vehicle is equipped with a self-release or electronically controlled immobilization device that may be lawfully released by the owner or operator. (f) If a vehicle is immobilized using a self-release vehicle immobilization device, the owner or operator shall return the device to the location designated by the notice within 24 hours after the device is released.

(Ord. No. 07-464, § 7(Exh. B), 4-11-07; Ord. No. 2010-1016, § 2, 12-15-2010; Ord. No. 2011-1175, §§ 16—18, 12-14-2011; Ord. No. 2026-0803, §§ 13—15, 9-23-2026)