§ 71.030. IMMOBILIZATION REGULATIONS.

(A)

Occupational License Required. No property owner or immobilization contractor, without written authorization, shall engage in the business of immobilization of motor vehicles parked on private property. Such property owner or immobilization contractor shall first obtain an occupational license in accordance with the procedures set out in Chapter 110 of the Code of Ordinances of the City of Delray Beach. For purposes of this Section, the term "property owner" shall include and refer to the owner, lessee, or controller, person or entity otherwise in control of real property, their agents, servants, or employees. Such term shall also include and refer to, for purposes of this Chapter, except as otherwise provided, any person or firm authorized by the owner, lessee, or controller to engage in the business of immobilization of unauthorized motor vehicles parked on private property of such owner, lessee, or controller, their agents, servants or employees. These latter-named persons or immobilization contractor shall sometimes be referred to in this Section as the "contractor". The term "premises" shall mean the private property owned, controlled or used by a property owner for the parking of motor vehicles as its business or auxiliary to its business.

(B)

Requirements for Immobilization Contractor or Property Owner. A property owner or immobilization contractor, to be in compliance with the provisions of this Section, must comply with the following requirements:

(1)

Notice. Property owners are required to post notice if vehicles are subject to immobilization.

(a)

The notice must clearly indicate on a sign that parking is reserved for customers only and unauthorized vehicles will be subject to immobilization at the owner's expense.

(b)

The notice must also provide the name and telephone number of the person or firm immobilizing the vehicle, the fee for the removal of the immobilization device, such fee not to exceed a maximum rate of fifty dollars ($50.00), and acceptable methods of payment. Such methods shall include cash, check payable in U.S. funds and credit cards. If the property owner or immobilization contractor does not accept credit cards, they may require the vehicle owner [to] sign an invoice for payment prior to removal of the immobilization device.

(c)

The notice shall read substantially, in not less than three (3) inches high, light reflective letters on a contrasting background, the words "RESERVED PARKING"; in not less than one and one-half (1½) inches high, light reflective letters on a contrasting background, the words "Customers of (insert name of facility) Only—Unauthorized Vehicles Subject to Immobilization and a Fee of fifty dollars ($50.00)"; in not less than three-quarters of an inch high, light reflective letters on a contrasting background, the words "To Remove Immobilization Device Call: (insert name, address and telephone number to call to request removal of the immobilization device)".

(d)

Notice must be prominently placed at each driveway access or curb allowing vehicular access to the property and within five (5) feet from the Public Right-of-Way line.

(e)

The sign structure containing the required notices must be permanently installed with the bottom of the sign not less than four (4) feet above ground level and must be continuously maintained on the property for not less than twenty-four (24) hours prior to the immobilizing of any vehicles.

(f)

The City is authorized to require permitting and inspection of these signs prior to any immobilizing of vehicles being authorized.

(2)

Inspection of Real Property where Immobilization is Used to Enforce Parking Restrictions. The property owner shall provide access to the City Manager or his designee in order to inspect the required signs on premises where immobilization is used to enforce parking restrictions.

(3)

Notification to Owner. Prior to immobilization, the property owner or immobilization contractor's representative shall attempt to notify the owner, operator, or person legally in control of the vehicle to have that person retrieve it promptly before the vehicle is immobilized. Notification to a person within reasonable access shall be made by a verbal warning.

(4)

Method of Immobilization. Immobilization shall be accomplished by placing a steel boot or comparable immobilization device to the front wheel on the driver's side of the motor vehicle. The steel boot or comparable immobilization device may be placed on any other wheel if placement on the front wheel on the driver's side is not feasible.

(5)

Warning Sign Requirement. Upon immobilization, the property owner shall affix a warning notice written in English on the driver's side window of the vehicle, indicating that the vehicle is immobilized and that any attempt to move it will cause damage, and shall provide the telephone number to contact for release of the immobilization device, and the fee for its removal. The warning sign shall be in a form acceptable to the City.

(6)

Availability and Response Time. The property owner or immobilization contractor shall make available on a twenty-four-hour, seven-days-a-week basis, attendants and equipment for the timely release of the immobilization device. The immobilization contractor is required to remove the immobilization device from the vehicle within sixty (60) minutes of a call for said service by the owner of the immobilized vehicle.

(7)

Record of Contracts. The property owner or immobilization contractor shall file and maintain on record at all times with the City Manager or his designee a list of any and all current written contracts for immobilization services on private real property within the City limits. The list shall be kept current and shall provide the City with:

(a)

The address of the real property;

(b)

The date of the agreement;

(c)

A contact name and telephone number at the premises.

(8)

Insurance. The property owner or immobilization contractor shall file with the City's Risk Manager and have in effect an insurance policy or certificates of insurance in lieu thereof, which shall indem

nify or insure the property owner or immobilization contractor for all claims of damage to property resulting from any action or operation in connection with the service performed, such amount not to be less than twenty thousand dollars ($20,000.00) for each incident.

(9)

Recordkeeping Procedures. The property owner or immobilization contractor shall keep an immobilization log with information including, but not limited to, date and time the vehicle was observed illegally parked, compliance with subsection (3) of this Section, the date and time of immobilization, the location/address of the real property where the immobilization took place, make, model, color and license tag number of the vehicle immobilized. In addition, the immobilization contractor shall include in the log the following release information: verification of vehicle ownership, the name of the person removing the steel boot or comparable immobilization device and the name of the person requesting the service, if applicable. All files, records and logs shall be available for inspection and checking on the subject premises during normal working hours by the City Manager or his designee.

(10)

Ethics and Conduct. The property owner and immobilization contractor shall conduct their business in an orderly, ethical and business-like manner at all times, and shall use every means to obtain and keep the confidence of the motoring public. All public contact shall be courteous.

(C)

Enforcement. If at any time a property owner or immobilization contractor shall fail or refuse to comply with, or violates, any of the provisions of this Section, such property owner engaging the services of the immobilization contractor shall be subject to the enforcement under Chapter 37 of the Code of Ordinances of the City. Additionally, the City may seek injunctive relief, or any other remedy allowed by law.

(D)

Exemptions. Nothing in this Section shall affect the rules and regulations governing any person or firm engaged in the towing and removal of vehicles parked on private property within the City.

(E)

Rebates. The rebate or payment of money or any other valuable consideration, directly or indirectly from the individual or firm immobilizing or removing vehicles to the owners or operators of the premises from which the vehicles are immobilized or removed, for the privilege of immobilizing or removing those vehicles, is prohibited.

(F)

Identification. The immobilization contractor's employees or agents shall wear identification tags stating the full name of the contractor and the name of the employee or agent; no identification worn by contractor's employees or agents shall use the words "Enforcement", "Department", "Police" or "Parking". Said identification tags shall be prominently displayed on the front left side of the employee or agent's shirt. Contractor's employees or agents shall not wear uniforms that bear resemblance to police or other enforcement officers. All contractor vehicles shall display the company name (or name of joint venture, or individual owner or other ownership entity) on the driver and passenger side of the vehicle in letters at least three (3) inches high. The company's address (or address of joint venture, or individual owner or other ownership entity) and telephone number shall be displayed on the driver and passenger side of the vehicle in letters at least one inch high. No contractor shall use the words "Enforcement", "Department", "Police" or "Parking" in its company name (or name of joint venture, fictitious name, or entity name).

(G)

Citizen Complaints. The immobilization contractor shall respond in writing to any complaints received by the City Manager or his designee concerning misconduct on the part of the contractor or its employees or agents, such as excessive charges, poor business practices, discourteous service, damage to vehicles, or failure to give notice as required by this Chapter. The City Manager or his designee shall notify contractor of any complaints within five (5) business days from receipt of the citizen complaint. Contractor shall provide any additional explanation or information with respect to the particular complaint within five (5) days upon notification. A written disposition of the complaint will be forwarded to the contractor and the citizen complainant upon completion of the investigation.

(H)

Existing Use of Immobilization Devices. Any property owner that was immobilizing vehicles or was using an immobilization contractor to immobilize vehicles prior to the enactment of this Chapter shall not be subject to the provisions of this Chapter for a period of one year after the effective date. Thereafter, the property owner must be in compliance with the provisions of this Section. However, if a property owner has entered into a valid contract with an immobilization contractor prior to first reading of this Chapter, then the property owner shall comply with the provisions of this Chapter to the extent that it does not conflict with the terms and conditions of the contract. The property owner must furnish a copy of the contract to the City if the property owner claims that compliance with this Chapter cannot be achieved because of an existing contract. Upon expiration of the contract, the property owner shall comply with all the provisions of this Chapter.

(Ord. No. 35-99, passed 9/21/99; Ord. No. 26-03, § 1, passed 8/19/03)