Model Legislation to Ban Vehicle Immobilization

Vehicle booting is a form of urban blight. If you are a legislator who is interested in stopping predatory booting in your community, we have compiled model language that has been adopted by other communities for you to use.  There are many other communities that have banned booting than are listed here.  The ordinances below are the most straightforward and easy to use.  If you need assistance in crafting language to fit your exact needs — such as authorizing booting by government officials — give us a call. We will help you free of charge.

If you were personally booted and would like to take action, fill out our vehicle booting intake form.  Completing this form is the fastest way to potentially join one of our class action lawsuits or take other legal action against the booting companies.

Cherokee County’s Booting Ban

Sec. 58-6. – Vehicle immobilization devices.

(a) Purpose. The county finds that the immobilization “booting” of vehicles by private persons or companies leads to unnecessary anger, conflict, a drain on public safety resources better spent elsewhere, and does not resolve the issue of improper use of a parking space. The county has determined vehicle immobilization services by private persons or companies to be unnecessary and not in the best interests of Cherokee County.

(b) Definitions. The following words, terms, and phrases, when used in this document, shall have the meanings, ascribed to them in this section, unless where the context clearly has a different meaning:

Operator shall mean any person, including a sole proprietor, independent contractor, partnership or similar business entity, operating vehicle immobilization devices for a vehicle immobilization service.

Vehicle immobilization device or boot shall mean any mechanical device that is designed or adopted to be attached to a wheel, tire, or other part of a parked motor vehicle so as to prohibit the motor vehicle’s usual manner of movement or operation.

Vehicle immobilization service shall mean a person, including sole proprietor, independent contractor, partnership or similar business entity, offering services anywhere in the unincorporated portions of Cherokee County whereby vehicles are immobilized by the installation of a vehicle immobilization device.

(c) Prohibition. Immobilization of the vehicle of another by use of a vehicle immobilization device, boot or other like devices is prohibited in unincorporated Cherokee County by private persons or companies. Law enforcement is exempt from such a prohibition.

(d) Violations. Any person(s), operator or vehicle immobilization service found to have violated this section may be prosecuted as provided in subsection (e).

(e) Penalty. Any person violating this code section shall be subject to issuance of a citation, and if proven guilty before a court of competent jurisdiction, shall be subject to a fine of up to $1,000.00 and/or 60 days imprisonment, upon conviction.

(Ord. No. 2011-002, § 1, 2-1-11) PDF Version of Cherokee County Ordinance

 

Clayton County’s Booting Ban

 

Cobb County’s Booting Ban

Sec. 86-7. – Vehicle immobilization devices; definitions.

(a) Cobb County finds that the immobilization (booting) of vehicles by private companies leads to unnecessary anger, conflict, a drain on public safety resources better spent elsewhere, and does not resolve the issue of the improper use of a parking space. The county has determined vehicle immobilization services to be unnecessary and not in the best interests of the county.

(b) Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings, ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) Vehicle immobilization device, device, or boot shall mean any mechanical device that is designed or adopted to be attached to a wheel, tire, or other part of a parked motor vehicle so as to prohibit the motor vehicle’s usual manner of movement or operation.

(2) Operator shall mean any person, including a sole proprietor, independent contractor, partnership or similar business entity, operating vehicle immobilization devices for a vehicle immobilization service.

(3) Vehicle immobilization service shall mean a person, including a sole proprietor, independent contractor, partnership or similar business entity, offering services anywhere in the unincorporated portions of Cobb County whereby vehicles are immobilized by the installation of a vehicle immobilization device.

(c) Immobilization of the vehicle of another by use of a boot or other similar device is prohibited in the county, unless the vehicle is booted in accordance with section 118-158.

(d) In addition to the penalties described in section 86-1, any person(s), operator or vehicle immobilization service found to have violated this provision may be prosecuted for trespass to chattels.

(Ord. of 7-27-04; Amd. of 10-24-17) PDF Version of Cobb County Ordinance

 

College Park’s Booting Ban

Sec. 20-14. – Vehicle immobilization devices prohibited.

(a) It shall be unlawful for any person to place upon any vehicle any vehicle immobilization device, except as specified in subsection (b).

(b) This section shall not apply to any person who places upon a vehicle a vehicle immobilization device where such vehicle is owned, leased by or in the lawful possession of that person.

(c) For the purposes of this section, the term “vehicle immobilization device” shall mean any mechanical device that is designed or adapted to be attached to a wheel, tire, or other part of a parked motor vehicle so as to prohibit the motor vehicle’s usual manner of movement or operation.

(Ord. No. 2016-15, § 1(Exh. A), 5-2-16) PDF Version of College Park Ordinance

Conyer’s Booting Ban

Section 11-1-22. Vehicle Immobilization Services and Devices Prohibited; definitions.

(a) The City finds that the immobilization (booting) of vehicles by private companies leads to unnecessary anger, conflict, a drain on public safety resources better spent elsewhere, and does not resolve the issue of the improper use of a parking space. The City has determined vehicle immobilization services to be unnecessary and not in the best interests of the public or the City.

(b) Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings, ascribed to them in this section, except where the context clearly indicates a different meaning:

1. Vehicle immobilization device, device, or boot shall mean any mechanical device that is designed or adopted to be attached to a wheel, tire or other part of a parked motor vehicle so as to prohibit the motor vehicle’s usual manner of movement or operation.

2. Operator shall mean any person, including a sole proprietor, independent contractor, partnership or similar business entity, operating vehicle immobilization devices for a vehicle immobilization service.

3. Vehicle immobilization service shall mean a person, including a sole proprietor, independent contractor, partnership or similar business entity, offering services anywhere in the city limits of Conyers whereby vehicles are immobilized by the installation of a vehicle immobilization device.

(c) Immobilization of a vehicle of another by use of a boot or other similar Vehicle Immobilization Device is prohibited in the City of Conyers.

(d) In addition to the penalties described in Conyers Code §1-1-8, any person(s), Operator or Vehicle Immobilization Service found to have violated this section may be prosecuted for trespass to chattels.

(More Details) PDF Version of Ordinance

 

Cumming’s Booting Ban

Sec. 22-27. – Vehicle immobilization.

(a) Purpose. The purpose of this section is to prohibit the immobilization of the vehicle of another by use of a boot or other like device within the city. The city finds that the immobilization or “booting” of vehicles belonging to others leads to unnecessary anger, conflict, drains public resources better spent elsewhere, and does not solve the problems created by improper use of parking spaces. It is further the purpose of this section to advance the health, safety, and welfare of the public because vehicle immobilization devices are unnecessary and not in the best interest of the city.

(b) Definitions. In this section the term “vehicle immobilization device” or “boot” means any mechanical device that is designed or adapted to be attached to a wheel, tire, or other part of a parked motor vehicle so as to prohibit the motor vehicle’s usual manner of movement or operation.

(c) Prohibitions, jurisdiction and enforcement.

(1) It shall be unlawful for any person or entity to immobilize the vehicle of another by use of a vehicle immobilization device, boot or other like device.

(2) The police department shall be responsible for the enforcement of this section. Citations shall be issued by the police department in accordance with set policy.

(3) The municipal court shall have jurisdiction to hear all cases related to alleged violation of this section.

(4) Violators of this section shall be liable for a monetary penalty not to exceed $1,000.00 per violation.

(d) Towing of vehicles excluded. Nothing in this section shall restrict or prohibit the towing of vehicles in accordance with the laws of the state and applicable city ordinances.

(Ord. of 3-16-2010, §§ 2—5) PDF Version of Cumming’s Ordinance

 

Gwinnett County’s Booting Ban

Sec. 102-8. – Vehicle immobilization devices.

(a) Purpose. The county finds that the immobilization “booting” of vehicles by private companies leads to unnecessary anger, conflict, a drain on public safety resources better spent elsewhere, and does not resolve the issue of improper use of a parking space. The county has determined vehicle immobilization services to be unnecessary and not in the best interests of the county.

(b) Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, unless where the context clearly has a different meaning:

Operator means any person, including a sole proprietor, independent contractor, partnership or similar business entity, operating vehicle immobilization devices for a vehicle immobilization service.

Vehicle immobilization device or boot means any mechanical device that is designed or adopted to be attached to a wheel, tire, or other part of a parked motor vehicle so as to prohibit the motor vehicle’s usual manner of movement or operation.

Vehicle immobilization service means a person, including sole proprietor, independent contractor, partnership or similar business entity, offering services anywhere in the unincorporated portions of the county whereby vehicles are immobilized by the installation of a vehicle immobilization device.

(c) Prohibition. Immobilization of the vehicle of another by use of a boot or other like device is prohibited in unincorporated Gwinnett County.

(d) Violations. In addition to the penalties provided in subsection (f) of this section, any person(s), operator or vehicle immobilization service found to have violated this section may be prosecuted as provided in subsection (f) of this section.

(e) Enforcement. The county police department shall be responsible for the enforcement of this section.

(f) Penalty. The operator cited pursuant to this section shall be liable for a monetary penalty not to exceed $1,000.00. Citations shall be issued by the county police department in accordance with set policy.

(Code 1994, § 110-8; Ord. of 2-20-2007, § 1) PDF of Gwinnett County’s Ordinance

 

Kennesaw’s Booting Ban

Sec. 86-14. – Vehicle immobilization devices; definitions.

(a) Purpose. The city finds that the immobilization (booting) of vehicles by private companies leads to unnecessary anger, conflict, a drain on public safety resources better spent elsewhere, and does not resolve the issue of the improper use of a parking space. The city has determined vehicle immobilization services to be unnecessary and not in the best interests of the city.

(b) Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings, ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) Vehicle immobilization device, device, or boot shall mean any mechanical device that is designed or adopted to be attached to a wheel, tire, or other part of a parked motor vehicle so as to prohibit the motor vehicle’s usual manner of movement or operation.

(2) Operator shall mean any person, including a sole proprietor, independent contractor, partnership or similar business entity, operating vehicle immobilization devices for a vehicle immobilization service.

(3) Vehicle immobilization service shall mean a person, including a sole proprietor, independent contractor, partnership or similar business entity, offering services anywhere in the city whereby vehicles are immobilized by the installation of a vehicle immobilization device.

(c) Violation. Immobilization of the vehicle of another by use of a vehicle immobilization device, boot or other similar device is prohibited in the city.

(d) Penalties. In addition to the penalties described in section 1-11, any person(s), operator or vehicle immobilization service found to have violated this provision may be prosecuted for trespass to chattel.

(Ord. No. 2016-19, 8-15-16) PDF Version of Kennesaw’s Ordinance