Sec. 26-662. - Vehicle immobilization service operations.
A vehicle immobilization service shall operate in accordance with the following requirements:
(1) Vehicles shall be booted only in parking facilities and only pursuant to a written agreement with the parking facility operating company or general manager;
(2) Upon affixing a boot device to a vehicle, a vehicle immobilization operator shall place an adhesive notice on the vehicle's front windshield or driver's side window and a non-adhesive notice under the driver's side windshield wiper advising the owner or operator of the information required by Section 2308.257(b) of the Texas Occupations Code, as amended, including notice of the procedure to file a complaint against the vehicle immobilization operator. In addition, each notice shall set forth: the street address of the parking facility in which the vehicle was booted; information about how to obtain release of the boot device from the vehicle; the possibility that the vehicle may be towed after 24 hours; the telephone number for the police department's auto dealers detail; and any additional text reasonably required by the police official;
(3) No person shall charge a booting fee of more than $25.00, plus applicable sales tax, for the removal or release of a boot device placed on the vehicle in the case of failure of a vehicle operator to (i) remove the vehicle from the parking facility before the expiration time shown on the receipt, (ii) pay for a rate change at the lot which occurred after the vehicle operator entered the lot and paid the applicable fee at the time of entry, or (iii) properly display a parking fee receipt on the vehicle dashboard upon display of such receipt by the vehicle operator to the vehicle operator to the vehicle immobilization service, or any combination of such events, nor more than $100.00, plus applicable sales tax, for the removal or release of a boot device placed on a vehicle for the failure to pay any parking fee; a vehicle mobilization operator responsible for the installation of more than one boot on a vehicle may not charge a total amount for the removal of the boots that is greater than the amount of the fee for the removal of a single boot;
(4) Except as provided in the previous item, no person shall be obligated to pay any fees, other than the booting fee, the unpaid parking fee for the immediately preceding 24-hour period and any past due fees for contract parking, plus any applicable sales tax, in connection with the installation or removal of a boot device;
(5) Payment for removal of boot devices shall be accepted in any of the following forms: cash, credit card, debit card, cashier's check, certified check, money order, or Western Union check, provided, however, that the vehicle immobilization service may elect to accept personal and business checks as well;
(6) A vehicle immobilization operator responsible for the installation of a boot on a vehicle shall remove the boot device not later than one hour after the time the owner or operator of the vehicle contacts the vehicle immobilization service to request removal of the boot and makes payment for removal of the boot; provided, however, that in the case of a boot device that may be removed by a vehicle owner or operator who has paid the boot removal fee or the administrative fee, the information necessary to unlock the device shall be provided immediately after payment is made; a vehicle immobilization service shall waive the amount of the fee for removal of a boot, excluding any associated parking fees, if the company fails to have the boot removed within one hour after the time the owner or operator of the vehicle contacts the vehicle immobilization service to request removal of the boot and offers payment for removal of the boot.
(7) The vehicle immobilization operator shall ensure that the act of booting a vehicle does not unreasonably interfere with safe traffic operations in parking facilities and entrances to and exits from such facilities;
(8) A vehicle immobilization service shall maintain an office readily accessible to the public by telephone or in person, open and manned 24 hours a day, seven days a week, 365 days a year for the purpose of accepting payment and releasing vehicles from immobilization;
(9) A permittee shall display, upon request, a true and correct copy of the vehicle immobilization service permit required by this article and a vehicle immobilization sales tax permit at each location where vehicle immobilization is provided;
(10) In addition to the notice required in item (2) of this section, the vehicle immobilization operator shall prepare a multiple-copy form that states:
a. The name, business address, and phone number of the vehicle immobilization operator and the vehicle immobilization service;
b. The name of the owner, operating company or general manager of the parking facility on which the boot device was installed;
c. The name of the individual(s) authorizing and performing the immobilization;
d. The date, time and location the boot device was installed;
e. A description of the booted vehicle, including the make, model, and license plate number;
f. The amount of the fee for removal of a boot device; and
g. The name of the person who removed the boot device, the date and time the device was removed, the name of the person to whom the vehicle was released, and the amount of fees paid for removal of the device and parking fees, as well as the amount of applicable sales tax.
A copy of the form must be given to the individual who reclaims the vehicle, and in the event that the boot device is removed by the vehicle owner or operator after payment of applicable fees, a copy of the form must be provided to the individual who returns the boot device to the vehicle immobilization service. The vehicle immobilization service shall maintain the original form at its place of business for a period of three years. Any peace officer shall have the right, upon request, to inspect and copy such records to determine compliance with the requirements of this section;
(11) Vehicles utilized for booting operations shall have signage consisting of reflective magnetic signs or painted letters on each side of the vehicle stating, in letters at least two inches in height in a solid color that contrasts with the background, the name, logo, or other designation of the vehicle immobilization service owning or operating the vehicle; and
(12) The vehicle immobilization operator shall comply with all applicable traffic control laws, devices, signs, and markings.
(Ord. No. 08-847, § 2, 9-24-08; Ord. No. 09-1235, §§ 2, 21—25, 12-2-09; Ord. No. 2018-674, § 2, 8-22-2018)
