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Ord 35-99 ORDINANCE NO. 35-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY ENACTING A NEW SUBSECTION 71.030, ~IMMOBILIZATION REGULATIONS", TO ENACT GUIDELINES GOVERNING THE IMMOBILIZATION OF VEHICLES ON PRIVATE PROPERTY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the use of immobilization devices prior to the removal of unauthorized vehicles parked on private property is not prohibited by law; and WHEREAS, the practice of immobilization upon commercial property is also a commercial venture and an occupation subject to the occupational license requirements of the City and reasonable regulation; and WHEREAS, the City of Delray Beach has the authority to regulate certain aspects of immobilization of vehicles under its home rule powers; and WHEREAS, the City of Delray Beach deems it advisable and in the public interest to enact provisions regulating private real property owners engaged in the act of immobilizing unauthorized vehicles parked on their property prior to requesting and/or arranging for their removal. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 71, "Parking Regulations", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended by enacting Subsection 71.030, ~Immobilization Regulations", to read as follows: Section 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 article, 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 twenty-five dollars ($25.00), and acceptable methods of payment. Such methods shall include cash, check payable in U.S. funds and credit card. c. The notices shall read substantially in not less than three inches (3") high, light reflective letters on a contrasting background, the words "RESERVED 2 Ord. No. 35-99 PARKING"; in not less than one and one-half inches (1-1/2") 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 $25.00"; in not less than three-quarters of an inch (3/4") 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 feet (5') 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 feet (4') above ground level and must be continuously maintained on the property for not less than 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 the property owner or immobilization 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. 3 Ord. No. 35-99 (4) Method of Immobilization: Immobilization shall be accomplished by placing a steel boot to the front wheel on the driver's side of the motor vehicle. The steel boot 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, Spanish and Creole, 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 24-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 thirty (30) 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 indemnify 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 and 00/100 Dollars ($20,000.00) for each incident. 4 O~d. No. 35-99 (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 steel boot and the name of person requesting two service, if applicable. Ail 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. Ail 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. 5 Ord. No. 35-99 (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. Ail contractor vehicles shall display the company name (or name of jcint venture, or individual owner or other entity ownership) on the driver and passenger side of the vehicle in letters at least three inches (3") high. The company's address (or address of joint venture, or individual owner or other entity ownership) and telephone number shall be displayed on the driver and passenger side of the vehicle in letters at least one inch (1") 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 contractor or its employees or agents, such as excessive charges, poor business practices, discourteous service, damage to vehicles, failure to give notice as required by this ordinance. 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 Tmmobilization Devices: Any property owner that was immobilizing vehicles or was using an immobilization contractor to immobilize vehicles prior to the enactment of this ordinance shall not be subject to the provisions of this ordinance for a period of one (1) year after the effective date. Thereafter, the property owner must be in 6 0~. No. 35-99 compliance with the provisions of this ordinance. However, if a property owner has entered into a valid contract with an immobilization contractor prior to first reading of this ordinance, then the property owner shall comply with the provisions of this ordinance 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 ordinance cannot be achieved because of an existing contract. Upon expiration of the contract, the property owner shall comply with all the provisions of this ordinance. Section 2. That should any section or provision of this ordinance, or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective on October 1, 1999. PASSED AND ADOPTED in regular session on second and final reading on this the 21st day of September , 1999. ATTEST: Citf allergY- ' First Reading September 7, 1999 Second Reading September 21, 1999 7 Ord. No. 35-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'~/ SUBJECT: AGENDA ITEM # - REGULAR MEETING OF SEPTEMBER 21, 1999 ORDINANCE NO. $$-99 (IMMOBILIZATION ORDINANCE) DATE: SEPTEMBER 16, 1999 This is second reading and a pubhc hearing for Ordinance No. 35-99 which amends Chapter 71, "Parking Regulations", of the City Code by enacting a new subsection 71.030, "Immobilization Regulations", to enact guidelines governing the immobilization (or booting) of vehicles on private property. As you may recall the City and the Chamber of Commerce received numerous citizen complaints when the previous owners of Atlantic Plaza did booting. The primary complaints included the following: · Inadequate signage · The fee charged was too high and could only be paid in cash · Citizens received no warning from the booting attendant The practice of booting vehicles on private property was legal. However, the City had no way to control the process and we and the Chamber took a considerable amount of criticism. Ordinance No. 35-99 sets the maximum fee at $25.00, standardizes the signage, requires verbal warnings from the on site attendant, and allows for the payment by cash, credit card or check. The Parking Management Advisory Board reviewed the ordinance and recommended approval at their August 24, 1999 meeting. At first reading on September 7, 1999, the City Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 35-99 on second and final reading. RefiAgmemo21.Ord.35.99.Bootmg Boca Raton News, Friday, September ! O, 1999 1C t~ PUBLIC HEARING will be held on '~ folk)wing proposed ordinance at i~' ~j p m, on TUESDAY, SEFTEMBER ' ~. 1999 {or at any continuatiuff o! .''*s~ch me~ing which is set by the '-~C~q~mi$$iOrl) m the City Commission 'C_,l~mbers 100 NW 1st Avenue, Del- ' fa! Beach. Florida, at which time the ~"'~h CommissiOn w~ll consid~ th~' ~'r[~ be inspected at the Office 0! ~,~.i~ Clerk at C~ Hall, 100 N.W. 1st ~.'~,~'~ue. De!ray Beach, Florida, ~- .~,~ the hours ot 8:00 ~.m and ~oOU p m Monday through Fdday, ~a~e. irlvJled [o atJend and be hea, rd with ~.~4ect to the proposed ordinance. ~' ~ OROINM~ICE NO. ~ ~ ~/~N ORDINANCE OF THE CITY COM- ~'./~'$SION 0r THE CITY OF DELRAY *'..J~LACH. ELORIDA, AMENDING ~.9fiAPTER 51, "GARBAGE AND ~ r4~ASH". OF THE CODE OF ORD[- --' N4,~E$ OF I~E C~TY OF DELRAY --'~,CH. B,' AMENOI~'~G SECTION '~ ?0. "REGULAR CHARGES ~°~EVIEO". 10 P~O¥JDE FOR ,,.~/Ii/CRFJ~SED RESIDENTIAL AND ~MMERCIAL COLLECTION SER- .~.'V~.~ RATES FOR FY 2000, PROVID- .,.'~IG A GENERAL REPEALER -,~.usE. A SAWNG CLAUSE AND ~"~ E~EECT'VE DA~. '~ ORDINA~C~ Or'HE C~ COM- "~.~.~$S!ON OF THE ~ OF DEI.RAY '~..~ACH FLORIDA AMENDING CHAP- '--. ~'~ 71. "PARKING REGULATIONS" ~ TH~ CODE OF ORDINANCES OF °~TH~ CiTY OF DELRAY BEACH, BY '~ E~,~ACTING A NEW SUBSECTION 1 030, hMI~OSILIZATION REGULA- 'TIC '~S~, TO ENACT GUIDELINES e~.(~O ~RNING TH[ IMMOBILIZATION "' ~F VEHICLES ON PRIVATE PROPER- "~.~ PROVIOING A SAVING CLAUSE, ~GENERAL REPEALER CLAUSE. ~.~IND AN FFFFCT~VE DATE.. .',~lease be advised I~at ~ a person --..pec~e$ to appeal ahy Becision rnaOe -by t~ City Commission ~ respect ,,,, 3o any matter cor~dered at these ~dngs. such pemon may ~eed to ,~usure that a verbatim rec~'d 'tipon which the aDbeaJ is to he based, "The Cby ~ces not Drovide nor pre- '~a~e such record Pursuant to ES. '2~6 0105 CITY OF OELRAY BEACH .Ad ~39657 .. £1TY OF DELARY BER£H DELRAY BEACH ~1./~1,~1~!~ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000 David T. Harden City Manager 1993 FROM: Robert A. Barcinski Assistant City Manager DATE: August 3 l, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 7, 1999 FIRST READING - IMMOBILIZATION ORDINANCE ~5-c?~ ACTION City Commission is requested to approve on first reading a proposed immobilization ordinance. BA CKGR 0 UND Staff and the Parking Management Advisory Board are recommending an Immobilization Ordinance to regulate booting of vehicles. As you may recall the City and the Chamber of Commerce received numerous citizen complaints when the previous owners of Atlantic Plaza did booting. The primary complaints included the following: Inadequate signage The fee charged was too high and could only be paid in cash Citizens received no warning from the booting attendant This practice of booting vehicles on private property was legal, however the City had no way to control the process and we and the Chamber of Commerce took a considerable amount of criticism. The proposed ordinance sets the maximum fee at $25.00, standardizes the signage, requires verbal warnings from the on site attendant, and allows for the payment by cash, credit card, or check. The Parking Management Advisory Board recommended approval at their 08/24/99 meeting. RE C OMMEND,4 TION Staff recommends approval of the proposed Immobilization Ordinance on First Reading. If passed Second Reading/Public Hearing will be held on September 21, 1999. RAB/tas ~ File: u : sweeney/agenda ~ ~ Doc:O83199a ~PrintedonRe,"cycle~Pgquer THE EFFORT ALWAYS MATTERS £1TY OF I)ELRAY BEA£H CiTY ATTORNEY'S OFFICE ~°° TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 Ali,America Cit!~ DATE: August 27, 1999 1993 ASSIS ~ ~,,~ CITY MANAGER TO: Robert A. Barcinski, Assistant City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Immobilization Ordinance Attached please find a revised Immobilization Ordinance. SAR:ci Attachment Agenda Item No: AGENDA I~QUEST Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: 09/07/99 ( t ¥ City Commission is requested Description of agenda item ,who, whaL where, how much,. to approve on first reading a proposed immobilization ordinance. ORDINANCE/RESOLUTION REQUIREI~/NO Draft Attached:~O Recommendation: ,~?to/fl.e~t~ Department Head Signature: ~~ Determinatio_n of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): ~/~~"- ~ Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding altematiYes: (if applicable) A~ount No. & Description: Account Balance: City Manager Review: Hold until: Agenda Coordinator Review: Received: Action: Approved/Disapproved ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 71, "PARKING REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY ENACTING A NEW SUBSECTION 71.030, "IMMOBILIZATION REGULATIONS", TO ENACT GUIDELINES GOVERNING THE IMMOBILIZATION OF VEHICLES ON PRIVATE PROPERTY; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the use of immobilization devices prior to the removal of unauthorized vehicles parked on private property is not prohibited by law; and WHEREAS, the practice of immobilization upon commercial property is also a commercial venture and an occupation subject to the occupational license requirements of the City and reasonable regulation; and WHEREAS, the City of Delray Beach has the authority to regulate certain aspects of immobilization of vehicles under its home rule powers; and WHEREAS, the City of Delray Beach deems it advisable and in the public interest to enact provisions regulating private real property owners engaged in the act of immobilizing unauthorized vehicles parked on their property prior to requesting and/or arranging for their removal. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 71, "Parking Regulations", of the Code of Ordinances of the City of Delray Beach, Florida is hereby amended by enacting Subsection 71.030, "Immobilization Regulations", to read as follows: Section 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 article, 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 twenty-five dollars ($25.00), and acceptable methods of payment. Such methods shall include cash, check payable in U.S. funds and credit card. c. The notices 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 (11/2") 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 $25.00.; in not less than three quarters (3/4") 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 24 hours prior to the immobilizing of any vehicles. 2 ORD. NO. 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 to the front wheel on the driver's side of the motor vehicle. The steel boot 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, Spanish, and Creole, 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 24-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 thirty (30) 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 indemnify 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 and 00/100 Dollars ($20,000.00) for each incident. 3 ORD. NO. (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 steel boot and the name of person requesting tow 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 entity ownership) 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 entity ownership) and telephone number shall be displayed on the driver and passenger side of the vehicle in letters at least one (1) inch high. No contractor shall 4 ORD. NO. 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 contractor or its employees or agents, such as excessive charges, poor business practices, discourteous service ,damage to vehicles, failure to give notice as required by this ordinance. 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 Ordinance shall not be subject to the provisions of this Ordinance for a period of one (1) year after the effective date. Thereafter, the property owner must be in compliance with the provisions of this Ordinance. However, if a property owner has entered into a valid contract with an immobilization contractor prior to first reading of this Ordinance then the property owner shall comply with the provisions of this Ordinance 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 Ordinance cannot be achieved because of an existing contract. Upon expiration of the contract, the property owner shall comply with all the provisions of this Ordinance. Section 2. That should any section or provision of this ordinance, or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby, repealed. Section 4. That this ordinance shall become effective on October 1, 1999. 5 ORD. NO. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ,1999. MAYOR ATTEST: City Clerk First Reading Second Reading immobilization of motor vehicles.ord 6 ORD. NO.