§ 36-103. Suits for damages

(a)

If the booting service company charges an excessive removal fee, the motorist or owner of the vehicle or other person paying the removal fee shall have a right and cause of action to recover the amount of the excess fee, plus reasonable attorney fees, and all costs of court. A motorist's claim for any other damages related to the booting may be filed within the applicable state statute of limitations in the appropriate court of jurisdiction according to the nature of the claim. All parties to the booting service contract shall be jointly liable for any damages.

(b)

The booting service operator may make a claim in a civil suit against a motorist for damage to the booting device, but such a claim for damages shall not be included in the fee to the motorist for the removal of any booting device.

(c)

Nothing herein shall prohibit the owner, lessee or person in control of any private property from filing civil suit against a motorist for civil damages for the unauthorized parking on private property.

(Ord. No. 21077, § 6, 9-20-00)