Union City Vehicle Booting Ordinance

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Union City Booting Law

Sec. 10-28. – Use of vehicle immobilization devices.

(a)  As used in this section, the following terms and phrases shall have the meaning set out below:

Commercial motor vehicle shall mean any vehicle or combination vehicle with a gross vehicle weight of ten thousand and one (10,001) pounds or greater.

Light passenger vehicle shall mean any vehicle with a gross vehicle weight of ten thousand (10,000) pounds or less.

Vehicle immobilization device shall mean any mechanical device, including those commonly referred to as “boots,” which is designed or adopted to be attached to a wheel, tire, or other part of a parked vehicle so as to prohibit the vehicle’s usual manner of movement or operation.

(b)  It shall be unlawful for any person or entity to affix a vehicle immobilization device to any vehicle in any off-street parking facility, lot or area located on private property within the city, regardless of whether a charge for parking is assessed, unless the following conditions are met:

(1)  Signs shall be located at each designated entrance to the parking facility, lot or area where such a device is to be used indicating that parking prohibitions are in effect. Signs shall be at a minimum of eighteen (18) inches by twenty-four (24) inches and reflective in nature.

(2)  The wording on such signs shall contain the following information:

1. 1. 1.  A statement that any vehicle parked thereon which is not authorized to be parked in such area may be subject to use of a vehicle immobilization device.
      2.  The maximum fee for removal of the device, as provided in subsection (c).
      3.  The name, address, and phone number of the person or entity responsible for affixing the device.
      4.  A statement that cash, checks, credit cards, and debit cards are accepted for payment.
      5.  A statement that no additional fee will be charged for use of cash, checks, credit cards, or debit cards.
      6.  The name and address of the entity that hired the vehicle immobilization service or company.
      7.  The phone number referenced in subsection (b)(2)c. above must be operable and answered in person during the hours a vehicle immobilization device is affixed to a vehicle within the city.

(c)  It shall be unlawful for any person or entity affixing a vehicle immobilization device to a light passenger vehicle within the city to charge a fee for removal of the device in excess of one hundred fifty dollars ($150.00). The one-hundred-fifty-dollar fee may be paid by cash, check, credit card, or debit card at no additional charge. It shall be unlawful for any person or entity affixing a vehicle immobilization device to a commercial motor vehicle within the city to charge a fee for removal in excess of five hundred dollars ($500.00). The five-hundred-dollar fee may be paid by cash, check, credit card, or debit card at no additional charge.

(d)  It shall be unlawful for any person or entity to immobilize any vehicle located on public property within the city.

(e)  It shall be unlawful for any person or entity affixing a vehicle immobilization device to a vehicle to fail to arrive on the site where the vehicle was immobilized within one (1) hour of being contacted by the owner, driver or person in charge of the vehicle that has been immobilized. It shall also be unlawful for any person or entity affixing a vehicle immobilization device to a vehicle to fail to release the vehicle from immobilization within thirty (30) minutes after receipt of payment from the owner, driver or person in charge of a vehicle that has been immobilized.

(f)  It shall be unlawful for any vehicle immobilization service, or the vehicle immobilization service’s agent, representative, employee or operator to go to any place and immobilize a vehicle unless said service is under contract with the owner and/or the owner’s agent, representative or employee of a commercial parking lot.

(g)  It shall be unlawful for any person or entity affixing a vehicle immobilization device to fail to provide a receipt of payment of the booting fee to the owner, driver, or person in charge of a vehicle. The receipt shall have the following information: the name, address, and phone number of the vehicle immobilization service or company; and the name and signature of the person who affixed/removed the vehicle immobilization device.

(h)  A vehicle immobilization device cannot be affixed to a vehicle and a fee cannot be charged if the driver of the vehicle returns to the vehicle before the installation of the vehicle immobilization device is complete.

(i) Permits

(1)  Any person affixing or removing a vehicle immobilization device shall register with and obtain a written permit from the police department by paying a fifty-dollar fee and filing an application, on a form to be supplied by the police department, including the following:

1. 1. 1.  Name of applicant;
      2.  Permanent address and telephone number of the applicant;
      3.  Applicant’s driver’s license number or state issued identification number; and
      4.  Name and address of applicant’s employer.

The application shall be sworn by the applicant, and it shall be unlawful for an applicant to make a false statement of fact in his or her application.

In addition, as part of the registration process, the applicant shall submit to a criminal background check and fingerprinting by the police department. No permit shall be issued to a person who has been convicted of a violation of the provisions of this section or to any person whose permit issued hereunder has previously been revoked as provided herein.

(2)  Any person submitting an application to the police department for a written permit as provided by this subsection shall also provide, at the time of submitting said application, a copy of any and all contracts required by subsection (f) above. Once a written permit has been issued, the holder shall provide to the city copies of contracts for any subsequent properties for which the holder intends to provide vehicle immobilization services. Any permit issued pursuant to this section shall only allow the holder to immobilize a vehicle located on property for which the holder has submitted to the city a copy of a contract as required by subsection (f) above.

(3)  Upon proper registration in accordance with this section, a written permit shall issue, to be valid for one (1) calendar year from the date of issuance. Each person affixing or removing a vehicle immobilization device shall at all times while conducting business carry upon his or her person the permit so issued and shall display such permit upon request.

(4)  A permit issued hereunder shall be revoked by the police department if the holder of the permit is convicted of a violation of any of the provisions of this section. Immediately upon such revocation, written notice thereof shall be given to the holder of the permit in person or by certified United States mail addressed to his or her permanent address set forth in the application. Immediately upon the giving of such notice the permit shall become null and void and must be turned into the police department.

(Ord. No. 2013-08, § 1, 12-17-13; Ord. No. 2014-04, §§ 1—3, 4-15-14; Ord. No. 2017-03, § 2, 3-21-17)
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