City of Conyers Bans Booting Over “Unreasonable and Exorbitant” Fines
Posted by Wetherington Law Firm | Articles, News/Media
Another Georgia City Bans Vehicle Booting
The City of Conyers joins a growing list of Georgia communities to ban vehicle booting. The Conyers City Council unanimously passed the ordinance with the support of Mayor Vince Evans, Police Chief Gene Wilson, and attorney Matt Wetherington.
According to Conyers Police Chief Gene Wilson, the regulation of the booting practice has become increasingly difficult to regulate and recent incidents involving booting companies have created a drain on public safety resources. “The experiences our officers and citizens have had with booting companies have often been contentious and the fines imposed are unreasonable and exorbitant,” said Chief Wilson. “The time and manpower our officers have devoted to attempting to regulate the booting practice in Conyers had reached a point that something had to be done.”
The ordinance preamble notes that property owners in Conyers have gone too far in hiring vehicle immobilization services. The “actions taken by private property owners have led to unnecessary anger and conflict amongst the public, have created a drain on public safety resources that are better spent elsewhere, and does not resolve the issue of the allegedly improper use of a parking space.”
Attorney Wetherington has sued dozens of booting companies in Georgia. According to Wetherington, “By recognizing the role property owners play in predatory booting, this ordinance sends a strong message about the substantial liability risk property owners assume by hiring these companies.”
The ordinance goes into effect immediately. The full text of the ordinance is below. If your community is interested in banning booting, model legislation is available here. If you have been a victim of an unethical and predatory booting company, we want to talk to you. Click here to 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.
City of Conyers Ordinance No. 1180
WHEREAS, some private property owners in the City of Conyers have employed the use of private companies who provide vehicle immobilization services to affix mechanical locking devices, i.e. ” boots” on allegedly unauthorized vehicles that have parked in their parking lots; and
WHEREAS, said actions taken by private property owners have led to unnecessary anger and conflict amongst the public, have created a drain on public safety resources that are better spent elsewhere, and does not resolve the issue of the allegedly improper use of a parking space; and
WHEREAS, it is in the best interests of the public to prohibit vehicle immobilization services and devices within the City of Conyers.
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.