§ 36-100.7. Required procedure for the installation and removal of the booting device.

(a)

At all times, whether the business served by the parking lot is open or closed for business, only the owner, lessee, managing agent or other person in control of the premises under contract with the immobilization service operator, or their agent or employee, (excluding the booting service or its employees), shall be the individual to determine that the motor vehicle is unauthorized to park and subject to being booted. Under no circumstances shall the booting service or any of its employees or agents determine which motor vehicle is unauthorized to park and subject to being booted.

(b)

Immediately after the motor vehicle is booted, the booting service operator shall affix at the rear-most portion of the window adjacent to the driver's seat of such vehicle, a sticker measuring eight and one-half (8½) inches by eleven (11) inches containing a warning that any attempt to move the vehicle may result in damage to the vehicle, that the booting service operator may file a damage suit against the motorist for any damage to the booting device, and stating the time and date the vehicle was booted, the fee as well and the availability of the right to institute legal proceedings to contest the payment of the fee, and the name, business address and the business telephone number which will facilitate the dispatch of personnel responsible for removing the booting device.

(c)

The booting service operator shall have telephone contact available twenty-four (24) hours/seven (7) days a week by which a motorist can request the release of a booting device.

(d)

The booting device shall be yellow in color and shall have the name and telephone number of the immobilization service business painted in no less than one (1) inch black lettering on the booting device. Each boot shall have its own specific identification number printed in such a fashion that it can be seen when the boot is placed on the motor vehicle.

(e)

The person placing or removing the booting device must wear a company uniform and a picture identification badge displaying the name of the booting service, the name of the person and his employee number. Both the uniform and badge must clearly indicates the company by which he is employed.

(f)

All vehicles employed to place or remove a booting device or otherwise are shall display on each front door in no less than two (2) inch lettering, the business name, address and telephone number. Magnetic signs are not permitted. The booting service business shall notify the director by certified mail within three (3) days of any change of address.

(g)

The booting service operator shall release the immobilized motor vehicle within thirty (30) minutes of receiving a request for such vehicle's release; provided, however, that the motorist pays a maximum, all-inclusive fee of not more than seventy dollars ($70.00) for the removal of the booting device. Such payment may be by cash, check or credit card; and there shall be no additional amount collected for the boot removal if payment is made by check or credit card.

(h)

Each booting service operator shall maintain records stating the date and time of all transactions involving the installation and release of boots and a copy of all acknowledgments and receipts issued for the removal fees of the booting devices shall be kept for a minimum of five (5) years, and shall be made available to parish inspectors upon request. The booting service business shall maintain a time-stamp method of recording all calls pertaining to release of vehicles. For the purposes of this paragraph, "transactions" shall include the time-stamped dated records, as well as a time and date log, showing the receipt of all requests for boot removal.

(i)

Upon receipt of payment, the booting service operator shall provide the motorist a copy of the receipt for payment of the boot removal fee along with the time and date the boot was placed and time and date the booting device was released, the name and address of the place of business involved, the name of the individual who determined that the motor vehicle was not authorized to park and designated it for booting, and the name, the name of the individual who installed and/or removed the booting device, the business address and business telephone number of the booting service business.

The availability of the right to institute legal proceedings to contest the payment of the fee shall be contained on the front of the receipt in legible print. The director may by administrative rule set additional regulations on the wording and size of print that the booting service operators shall use.

(j)

The booting service personnel shall release an immobilized motor vehicle without charge or further detention to a motor vehicle owner or operator who presents to said personnel a time and dated receipt or acknowledgment which indicates that goods or services were purchased at, or the motorist was inside, a place of business associated with the parking area within two (2) hours prior to the placement of the booting device or otherwise presents a written acknowledgment from the owner or manager of the business that the motorist was authorized to park at the location in question. The booting service personnel shall release an immobilized motor vehicle without charge or further detention to a motor vehicle owner or operator who presents to said personnel a written acknowledgment from the owner or manager of a multi-family dwelling that the motorist was authorized to park at the location in question.

(Ord. No. 21077, § 5, 9-20-00)