§ 36-100.5. Towing or booting by owner.

(a)

In addition to the removal procedure provided in section 36-100, the owner, lessee or person in control of any private property shall have the right to have any unauthorized vehicle, which is parked or abandoned on private property, booted or towed away at his own expense. Except as otherwise provided in this chapter, all such towing, and storage shall be the responsibility of said owner, lessee or person in control of private property.

(b)

In lieu of the procedure having an unauthorized vehicle removed and impounded in accordance with the provisions of section 36-144, the owner, lessee or person in control of any private property shall have the right to have any unauthorized vehicle which is parked or abandoned on private property booted by a duly licensed booting service operator in accordance with this article, with the cost of booting, as established in this article, being borne by the owner or operator of the unauthorized vehicle. In all cases when this procedure is utilized the motorist shall have a right to challenge the imposition of the fee by filing an action against the booting service operator in the justice of the peace court or other court of competent jurisdiction.

(c)

For the purpose of this section, when an owner, lessee or person in control of a multiple-family dwelling, commercial establishment or anyone conducting business with the public desires to regulate or restrict parking on his property, notice of such regulations or restrictions shall be made known to the public by signs posted on said property, including a warning that violating vehicles or unauthorized vehicles are subject to being booted or towed away by a private booting or towing service operator pursuant to the provisions of this section.

(d)

The signs required by this section shall be of sufficient number and conspicuously posted and maintained by the owner of the property in the form, manner and location prescribed by the department of inspection and code enforcement and this section.

(e)

For the purposes of this section, "unauthorized parking," prohibited in section 36-100, shall also include the unauthorized parking in any specially marked or reserved parking space, or designated aisle, garbage dumpster area, or other designated "no-parking" area in the parking areas, provided such areas or parking spaces are posted with additional appropriate signs giving notice of the aforementioned restrictions.

(Ord. No. 16602, § III, 9-11-85; Ord. No. 21077, § 4, 9-20-00)