§ 70-75. Compliance required.

(a)

It shall be unlawful for any vehicle immobilization service or operator to operate within the city without complying with this article.

(b)

The requirements of this article shall be in addition to any other requirements for occupation tax permits under the City Code. If other provisions of this Code conflict with this article, than this article shall control.

(c)

Once a vehicle immobilization operator license is issued, operators shall carry with them their license at all times when they are in the process of performing vehicle immobilization services within the city limits. Operators shall show their license to any member of the public or city employee upon request. A vehicle immobilization service shall keep copies of its service license and the operator licenses for all of its operators in its place of business so that they may be inspected by any member of the city police department or code enforcement at any time.

(d)

It shall be unlawful for either a vehicle immobilization service or operator to procure a license by fraudulent conduct or a false statement of a material fact.

(e)

It shall be unlawful for either a vehicle immobilization service or operator to pay in the form of a gratuity any person who does not own or operate a commercial parking lot for information as to illegally parked vehicles.

(f)

It shall be unlawful for either a vehicle immobilization service or operator to make any payment to an owner, employee, agent or a person in possession of a commercial parking lot in excess of the reasonable and customary fee ordinarily charged by the owner or person in possession of the parking lot for parking thereon. Any such excess payment shall be considered a kickback.

(g)

It shall be unlawful for either a vehicle immobilization service or operator to charge fees in excess of $50.00 per vehicle for the removal of the vehicle immobilization device. The $50.00 fee shall be all inclusive; no additional fees may be charged for using other equipment. Fees must be accepted by cash, check, credit card or debit card at no additional charge.

(h)

It shall be unlawful for either a vehicle immobilization service or operator to immobilize any vehicle located on any portion of a public street within the city, unless properly authorized in writing by the chief of police of the city or his/her designee.

(i)

A vehicle immobilization service must maintain a 24-hour-a-day, 365-day-per-year phone number that is staffed by a live operator to communicate immediately with a driver of vehicle that has been immobilized by the vehicle immobilization service.

(j)

It shall be unlawful for either a vehicle immobilization service or operator to immobilize vehicles at any off-street parking facility, vacant lot or other private property without having a valid written contract specifically for such services entered into with the private property owner or lawful lessee thereof. Said contracts must be filed with the department prior to any vehicle immobilization services being performed.

(k)

It shall be unlawful for a vehicle immobilization service or operator to fail to arrive at the site where the vehicle was immobilized within one hour of being contacted by the owner, driver or person in charge of the vehicle. It shall also be unlawful for either a vehicle immobilization service or operator to fail to release vehicles from immobilization within one hour after receipt of payment from the owner, driver or person in charge of a vehicle that has been immobilized by a vehicle immobilization device.

(l)

It shall be unlawful for a vehicle immobilization service or an operator to fail to provide a receipt of payment of the 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 and its city service license number; and the name, address and city operator license number of the operator who applied the vehicle immobilization device.

(m)

In the event that the application of a vehicle immobilization device damages a vehicle, than the service must pay the cost of repairs for that damage. In the event that the owner or operator of a vehicle, to which an immobilization device has been applied, attempts to operate said vehicle or remove the device, then the vehicle immobilization service is not liable for any damage to that vehicle. Additionally, the owner, drive or person in charge of the vehicle will be liable to the vehicle immobilization service for the cost of damage to the vehicle immobilization device.

(n)

It shall be unlawful for any vehicle immobilization service or operator to go to any place and immobilize a vehicle unless it has a prior written contract to immobilize illegally parked cars at a specific commercial parking lot that has previously been filed with the department.

(o)

It shall be unlawful for any city employee to solicit business for any vehicle immobilization service owner or operator.

(p)

It shall be unlawful to drive along any street within the city and solicit vehicle immobilization work. Solicitation work by the operator or the occupant of a vehicle used to carry on the business of a vehicle immobilization service is prohibited. An operator shall not proceed to a specific commercial lot without complying with the provisions of this article.

(q)

The operator of any vehicle immobilization service shall not immobilize a vehicle and shall not charge a fee if the driver of the vehicle returns before the installation of the vehicle immobilization device is complete.

(Ord. No. 02-2010, § 1(Exh. A), 1-25-10)