GENERAL PROVISIONS.

Austin City Code tit. 13, ch. 13-7, art. 1

in effect

Austin City Code § 13-7-1 DEFINITIONS.

§ 13-7-1 - DEFINITIONS. In this chapter: (1) BOOT means a lockable vehicle wheel clamp, a lockable device that covers a vehicle's windshield, or a similar device that is designed to be placed on a parked vehicle to prevent the operation of the vehicle until the device is unlocked and removed. (2) DEPARTMENT means the department designated by the city manager. (3) DIRECTOR means the department director designated by the city manager, and includes representatives, agents, and department employees designated by the director. (4) IMMOBILIZE means to place a boot on a parked vehicle to prevent the operation of the vehicle until the boot is unlocked and removed. The term includes any installation, adjustment, or removal of a boot. (5) LICENSEE means a person licensed under this chapter to engage in vehicle immobilization service. The term includes any owner or operator of the licensed business. (6) PARKING LOT means public or private property (other than public right-of-way) that is used, wholly or in part, for restricted or paid motor vehicle parking, including: (a) a restricted space on a portion of an otherwise unrestricted parking lot; and (b) a commercial parking lot, a parking garage, and a parking area serving or adjacent to a business, church, school, home that charges a fee for parking, apartment complex, property governed by a property owner's association, or government-owned property leased to a private person for parking vehicles. (7) PARKING LOT OWNER means a person, or the person's agent or lessee, who holds legal title, deed, or right of occupancy to a parking lot, but does not include a vehicle immobilization service licensee or an employee or representative of a vehicle immobilization service licensee. (8) PERMITTEE means an individual who has been issued a vehicle immobilization operator's permit under this chapter. (9) POLICE CHIEF means the Chief of the Austin Police Department, and includes representatives, agents, and department employees designated by the police chief. (10) UNAUTHORIZED VEHICLE means a vehicle that is parked, stored, or located on a parking lot or in a restricted space on a parking lot without having paid the parking fee required by the parking lot owner for parking on the parking lot or without permission from the parking lot owner to use the restricted space on the parking lot. (11) VEHICLE means a device in, on, or by which a person or property may be transported on a public street. The term includes, but is not limited to, an operable or inoperable automobile, truck, motorcycle, recreational vehicle, or trailer, but does not include a device moved by human power or used exclusively on a stationary rail or track. (12) VEHICLE IMMOBILIZATION OPERATOR means any individual who installs, affixes, places, adjusts, or removes a boot on or from a vehicle in a parking lot. (13) VEHICLE IMMOBILIZATION OPERATOR'S PERMIT means a permit issued under this chapter to an individual by the police chief authorizing that individual to immobilize vehicles for a vehicle immobilization service in the city. (14) VEHICLE IMMOBILIZATION SERVICE means the business of immobilizing an unauthorized vehicle on a parking lot. (15) VEHICLE IMMOBILIZATION SERVICE LICENSE means a license issued under this chapter to a person by the director authorizing that person to operate a vehicle immobilization service in the city. (16) VEHICLE OWNER or OPERATOR means a person, or the designated agent of a person, who: (a) holds legal title to a vehicle, including any lienholder of record; or (b) has legal right of possession or legal control of a vehicle. (Ord. No. 20180823-075, Pt. 2, 8-23-2018)

Austin City Code § 13-7-2 ADMINISTRATION.

§ 13-7-2 - ADMINISTRATION. (A) The police chief has the authority to administer and enforce articles 1, 3, 4, and 5 of this chapter. (B) The director has the authority to administer and enforce articles 1, 2, 4, and 5 of this chapter. (C) The police chief and the director have the authority to adopt rules for the administration and enforcement of this chapter, under the procedure prescribed in Chapter 1-2 (Adoption of Rules). The rules must be reasonably designed to promote public health and safety and ensure that: (1) vehicle immobilization services and vehicle immobilization operators are able to perform their responsibilities under this chapter and carry adequate liability insurance; (2) the director and the police chief are able to determine the correct identity and qualifications of vehicle immobilization services and vehicle immobilization operators licensed or permitted under this chapter; (3) vehicle immobilization services promptly notify vehicle owners that it has placed a boot on a vehicle and promptly respond to requests from the vehicle owner or operator to remove a boot; and (4) vehicle immobilization services and vehicle immobilization operators use vehicle immobilization equipment that is safe and in good working condition. (Ord. No. 20180823-075, Pt. 2, 8-23-2018)

Austin City Code § 13-7-3 COMPLIANCE REQUIRED.

§ 13-7-3. - COMPLIANCE REQUIRED. (A) A person commits an offense if the person: (1) performs an act prohibited by this chapter; (2) fails to perform an act required by this chapter; or (3) violates a rule adopted under this chapter. (B) A violation of this chapter is a Class C misdemeanor punishable as provided in § 1-1-99 (Offenses; General Penalty). (C) Proof of a culpable mental state is not required for the prosecution of a violation of this chapter. (D) An exception to an offense under this chapter may be used as an affirmative defense. (Ord. No. 20180823-075, Pt. 2, 8-23-2018)

Austin City Code § 13-7-4 ENTITIES EXCLUDED.

§ 13-7-4. - ENTITIES EXCLUDED. This chapter does not apply to the immobilization of a vehicle by: (1) a governmental entity; (2) a person exercising a statutory or contractual lien right with regard to the vehicle; or (3) a commercial office building owner or manager who installs or removes a boot in the building's parking lot. (Ord. No. 20180823-075, Pt. 2, 8-23-2018)

Austin City Code § 13-7-5 FEE SCHEDULE.

§ 13-7-5. - FEE SCHEDULE. The council shall establish the fees required or authorized under this chapter by separate ordinance. (Ord. No. 20180823-075, Pt. 2, 8-23-2018)

Austin City Code § 13-7-6 RECEIPT FOR PAYMENT OF IMMOBILIZATION FEE, AND OUTSTANDING PARKING FEES.

§ 13-7-6 - RECEIPT FOR PAYMENT OF IMMOBILIZATION FEE, AND OUTSTANDING PARKING FEES. (A) In addition to the vehicle immobilization fee, a licensee or permittee may also collect any outstanding parking lot fee, not including any fine or penalty, from the vehicle owner or operator on behalf of the parking lot owner. (B) A licensee or permittee, either personally or through an employee or agent, is prohibited from charging or imposing any of the following: (1) more than the maximum fee allowed by this chapter for vehicle immobilization; (2) any fee in addition to the fees authorized in this chapter, including any fee to process a payment made by a vehicle owner or operator in the form of an electronic check, debit card, other electronic payment platform, or major credit card; or (3) a security deposit for a boot. (C) A licensee or permittee shall provide a vehicle owner or operator the option of paying the fee for vehicle immobilization by cash, electronic check, debit card, other electronic payment platform, or major credit card. A licensee or permittee may not collect a fee for any charge associated with the removal of a boot from a person who offers to pay the charge with a form of payment that the licensee or permittee is not equipped to accept. (D) Upon removal of a boot, a licensee or permittee shall provide to the vehicle owner or operator: (1) a receipt in exchange for payment of the vehicle immobilization fee and, if applicable, any outstanding parking fees; and (2) notice of the right of the vehicle owner or operator to request a hearing regarding whether probable cause existed to immobilize the vehicle, which notice shall comply with Section 2308.455, Texas Occupations Code (Contents of Notice). (E) The receipt required under Subsection (D)(1) must state: (1) the name of the licensee and permittee that removed the boot; (2) the date and time the boot was removed from the vehicle; (3) the name of the vehicle owner or operator; (4) the amount paid by the vehicle owner or operator for the vehicle immobilization fee and any outstanding parking fees; and (5) the right of the vehicle owner or operator to request a hearing under Subchapter J, Chapter 2308, Texas Occupations Code (Rights of Owners and Operators of Stored or Booted Vehicles), regarding whether probable cause existed to immobilize the vehicle. (F) If a parking lot owner removes or causes the removal of a boot from a vehicle that has been immobilized on a parking lot in order to have that vehicle towed from the parking lot under Chapter 13-6 (Vehicle Towing Services), the licensee or permittee who removes the boot may not charge the vehicle owner or operator the vehicle immobilization fee or any other fee, fine, or penalty for immobilization of the vehicle. The vehicle tow service that tows the vehicle from the parking lot may charge the vehicle owner or operator the vehicle tow service fee authorized under Chapter 13-6 (Vehicle Towing Services). (G) A licensee shall maintain a copy of the receipt at its place of business for a period of three years. A peace officer or parking enforcement officer has the right, on request, to inspect and copy the records to determine compliance with the requirements of this section. Source: Ord. No. 20180823-075, Pt. 2, 8-23-2018; Ord. No. 20220519-031, Pt. 1, 5-20-22.

Austin City Code § 13-7-7 COMPLIANCE WITH STATE LAW.

§ 13-7-7 - COMPLIANCE WITH STATE LAW. (A) Licensees and permittees shall comply with all applicable state laws related to the immobilization of vehicles with a boot or similar device. (B) A licensee or permittee that violates a state law related to vehicle immobilization commits an offense under this chapter. (Ord. No. 20180823-075, Pt. 2, 8-23-2018)

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT13TRSE_CH13-7VEIMSE_ART1GEPRFetched: 10/27/2026