Austin City Code § 13-7-41 REQUIREMENTS FOR IMMOBILIZATION.
§ 13-7-41 - REQUIREMENTS FOR IMMOBILIZATION.
(A) A person is prohibited from immobilizing, or causing to be immobilized, a vehicle on a parking lot, unless:
(1) at the time the vehicle is immobilized:
(a) the parking lot owner signs written authorization for immobilization of the vehicle by the licensee, or
(b) a current written agreement exists between the parking lot owner and the licensee authorizing immobilization of unauthorized vehicles on the parking lot and a photograph is taken reasonably showing that the immobilized vehicle was unauthorized on the parking lot; and
(2) at the time the vehicle is to be immobilized and for at least 24 hours prior to immobilization:
(a) the parking lot has posted the signs required by Subchapter G, Chapter 2308, Texas Occupations Code (Signs Prohibiting Unauthorized Vehicles and Designating Restricted Areas);
(b) all numbered parking spaces in the parking lot are correctly numbered and easily readable both day and night; and
(B) The written authorization for immobilization required by Subsection (A)(1)(a) must contain:
(1) a description of the vehicle to be immobilized including the make, model, color, state license plate number, and vehicle identification number of the vehicle;
(2) the date and time of the vehicle's immobilization;
(3) the location at which the vehicle is immobilized;
(4) the reasons for immobilizing the vehicle; and
(5) the signature of the parking lot's owner or agent.
(C) The written agreement required by subsection (A)(1)(b) must:
(1) contain a clear election, signed by the parking lot owner or the parking lot owner's duly authorized agent, as to whether the licensee is authorized to immobilize unauthorized vehicles on the parking lot 24 hours a day, seven days a week, or only during the normal business hours of the parking lot owner; and
(2) be renewed at least every two years or whenever there is a change in ownership of the parking lot.
(D) Except for signs required Subchapter G, Chapter 2308, Texas Occupations Code (Signs Prohibiting Unauthorized Vehicles and Designating Restricted Areas), a licensee in connection with immobilizing a vehicle in a parking lot may not directly or indirectly give anything of value to a parking lot owner.
(E) A licensee may not for compensation immobilize vehicles in a parking lot in which the parking lot owner has a direct or indirect monetary interest in the licensee.
(Ord. No. 20180823-075, Pt. 2, 8-23-2018)
