§ 30-479. Requirements for immobilizing vehicles without prior consent of vehicle owner or duly authorized driver of vehicle.

It is unlawful for a person providing immobilization services to immobilize a vehicle owned by another person which is parked on private property without permission or authority of the owner or duly authorized driver of that vehicle, unless the following requirements are satisfied:

(1)

The vehicle is unlawfully parked and notice shall be prominently posted on the property on which the vehicle is immobilized in accordance with the requirements set forth in Section 30-474 (a)(1) of the Code of Miami-Dade County, Florida. The text of the notice shall clearly display, in light reflective letters on a contrasting background, the following information:

a.

In letters at least two (2) inches high that unauthorized vehicles will be immobilized or towed away and the owners expense;

b.

In not less than four (4) inches high the words immobilization/tow away zone;

c.

In letters at least two (2) inches high the days of the week and hours of the day during which vehicles will be booted;

d.

In letters at least one (1) inch high the fee to unboot the vehicle;

e.

In letters at least one (1) inch high the name and address of the person performing the booting service;

f.

In letters at least two (2) inches high the telephone number to call and the on-site location (if applicable) where a person can go to request the unbooting of the vehicle; and

g.

In letters at least three-fourths of an inch high, CONSUMER SERVICES DEPARTMENT COMPLAINT NUMBER: (insert current telephone number).

(2)

The vehicle is not occupied by a living natural person or animal.

(3)

The vehicle may not be a police, fire fighting, rescue squad, ambulance or other emergency vehicle marked as such.

(4)

The persons providing the immobilization service shall comply with Section 30-468 and Section 30-474(b) of this article.

(5)

Immobilization shall be accomplished by placing a steel boot on the front wheel of the drivers side of the motor vehicle. The steel boot may be placed on any other wheel if placement on the front wheel on the driver side is not feasible.

(6)

Immediately after a vehicle is booted, the person booting such vehicle, the owner of the property where such vehicle was booted, or an employee or agent of such person or owner, shall affix at the rearmost portion of the window adjacent to the driver's seat of such vehicle, a sticker with a completely removable adhesive, measuring eight and one-half by eleven inches containing a warning that any attempt to move the vehicle may result in damage to the vehicle, and stating the name and business address of the person who booted such vehicle as well as a business telephone number which will facilitate the dispatch of personnel responsible for removing the boot.

(7)

No release or waiver of any kind purporting to limit or avoid liability for damages to a vehicle that has been booted shall be valid. In addition, any person who booted a vehicle, or other person authorized to accept payment of any charges for such booting, shall provide a signed receipt to the individual paying the booting charges at the time such charges are paid. Such receipt shall state the name, business address, and business telephone number of the person who has booted such vehicle, and such receipt shall include a telephone number of the office within the Consumer Services Department responsible for receiving complaints with respect to booting.

(8)

No charge shall be imposed for the booting of a vehicle unless and until the requirements of this section have been met, and any such unlawful charge shall be reimbursed by any person found to have violated this section.

(9)

Any person who had booted a vehicle shall release such vehicle as soon as practical, but not to exceed thirty (30) minutes of receiving a request for such vehicle's release; provided however, that payment of any charge for booting is made at or prior to the time of such vehicle's release. The owner or person in control of a vehicle which has been booted shall be permitted to pay any charge for booting at the location where such vehicle was booted and the person receiving payment for booting services shall accept payment for charges from the owner or duly authorized representative in accordance with the provisions of Section 30-473(k) of the Code of Miami-Dade County, Florida.

(10)

A person may not charge more than the maximum fee established pursuant to Section 30-476.

(11)

The rebate or repayment of money or any other valuable consideration directly or indirectly from the individual or firm booting vehicles to the owners or operators of the premises from which the vehicles are immobilized, for the privilege of immobilizing those vehicles, is prohibited.

(12)

The employees or agents of the booting business shall wear identification tags stating the full name of the booting business and the name of the employee or agent; no identification worn by the booting business' employees or agents shall use the words: "Enforcement," "Department," or "Police." Said identification tags shall be prominently displayed on the front left side of the employee or agent's shirt. All booting business 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 booting business shall use the words "Enforcement," "Department," or "Police," in its advertising, signs, stickers or identifications.

(13)

Each person who performs immobilization must enter into a written contract with every owner of private property that authorizes the person to immobilize vehicles on their property. Each contract that is in effect or that was terminated within the previous twelve (12) months must be kept on file. The CSD, law enforcement officers, and the owner of the vehicle that was immobilized may inspect and copy such contract during business hours.

(14)

Any person who improperly causes a vehicle to be immobilized shall be liable to the vehicle owner or his authorized representative for the cost of the services provided, any damages results from the immobilization, and the immobilization and attorney's fees.

(15)

The business providing the booting service shall first obtain and maintain a current and valid license issued by the Director in accordance with Section 30-463(a), (b)1—9 and 11—15 and subject to the provisions in Sections 30-464, 30-476.1 and 30-477 (any reference in these sections to towing shall mean "immobilization" or "booting").

(16)

The individual person who is employed to perform the booting service has first obtained and maintains a permit issued by the Director in accordance with Section 30-463(a), (b)(1), (9), (11), (12), (13) and (15), and subject to the provisions in Section 30-464 and 30-466 (any reference to towing license shall mean "immobilization permit").

(17)

The business providing the booting service carries at least twenty-five thousand ($25,000.00) in liability insurance which will cover any damage to the vehicle.

(18)

The business providing the booting service must comply with Section 30-462(a) and 30-470-1 of this article (any reference in these sections to towing shall mean "immobilization" or "booting").

(19)

Persons who provide services pursuant to this section shall not use profane language, physical force or violence or threats of physical force or violence in dealing with the individuals responsible for administering this article or individuals who have had or are about to have their vehicles booted or immobilized.

(20)

Persons who provide services pursuant to this section shall maintain a place of business. The place of business shall have a sign that clearly and conspicuously identifies the business to the public; and office space that has at least one person on duty from 8:00 a.m. until 6:00 p.m., Monday through Friday, to answer telephone calls and to be open to serve the public and records requests made pursuant to Section 30-470. However, the office may be closed to observe all holidays observed by Miami-Dade County government. The place of business shall maintain a telephone communication system to answer telephone calls from the public twenty-four (24) hours a day. The license issued by the Director shall be prominently displayed to the public at said business location.

(Ord. No. 99-70, § 1, 6-22-99; Ord. No. 03-176, § 1, 7-22-03)