General requirements for vehicle immobilization/booting contractors; signage; unattended lots requirements; enforcement; exemptions; penalties

(a)

General requirements.

(1)

It shall be unlawful for a vehicle immobilization/booting contractor to procure a license by fraudulent conduct or a false statement of a material fact.

(2)

It shall be unlawful for a vehicle immobilization/booting contractor to pay in the form of a gratuity any person for information as to illegally parked vehicles.

(3)

It shall be unlawful for a vehicle immobilization/booting contractor or property owner to pay or receive money, or solicit or accept the payment or receipt of money or other valuable consideration, for the right to engage in vehicle immobilization on a particular property. Any such payment shall be considered a kickback.

(4)

It shall be unlawful for a vehicle immobilization/booting contractor to charge fees in excess of those set out in subsection 42-118(c).

(5)

It shall be unlawful for a vehicle immobilization/booting contractor to immobilize any vehicle located on any portion of a public street within the city.

(6)

Prior to immobilization/booting, the property owner's or immobilization/booting contractor's representative shall attempt to notify the owner, operator, or person legally in control of the vehicle to retrieve it promptly before any booting/immobilization. A verbal warning shall satisfy the requirements of this paragraph.

(7)

Immobilization/booting shall be accomplished by placing one or more steel boots on the wheel(s) of the motor vehicle.

(8)

Upon immobilization/booting, the booting/immobilization contractor shall immediately affix a warning notice in English, Spanish, and Creole on the driver's side window of the vehicle indicating that the vehicle is immobilized/booted, any attempt to move the steel boot will cause damage, providing the telephone number to contact for release of the immobilization/booting device, and the fee for the removal of the steel boot. The city shall provide the immobilization/booting contractor with a form copy of the warning sign simultaneously with the issuance of its license.

(9)

An immobilized/booted vehicle that remains immobilized/booted on private property for more than 24 hours shall be assessed a fine of up to $25.00 per day that the vehicle remains on the lot and/or may be towed at the discretion of the owner of the premises.

(10)

A vehicle immobilization/booting contractor must maintain a 24-hour a day, 365 days per year phone number that is staffed by a live operator to communicate immediately with the owner, operator, or person legally in control of the vehicle that has been immobilized/booted by the vehicle immobilization/booting service.

(11)

It shall be unlawful for a vehicle immobilization/booting contractor to immobilize vehicles at any premises, off-street parking facility, vacant lot, or other private property without having a valid written contract specifically for such services entered into with the private property owner or lawful lessee thereof.

(12)

It shall be unlawful for a vehicle immobilization/booting service or operator to fail to arrive on the site where it has immobilized/booted a vehicle within 30 minutes of being contacted by the owner, driver, or person in charge of the vehicle. It shall also be unlawful for a vehicle immobilization/booting contractor to fail to release vehicles from immobilization/booting within 30 minutes after receipt of payment from the owner, operator, or person legally in control of the vehicle that has been immobilized/booted by a vehicle immobilization/booting device. Acceptable methods of payment shall include cash, credit cards, and debit cards.

(13)

It shall be unlawful for a vehicle immobilization/booting contractor to fail to provide a receipt of payment of the booting fee to the owner, operator, or person legally in control of the vehicle. The receipt shall be sequentially numbered and have the name, address, and phone number of the vehicle immobilization/booting service or company and the name and signature of the person who applied/removed the boot or vehicle immobilization/booting device. The receipt shall also include a telephone number for the Miami Police Department Wrecker Detail which is responsible for receiving complaints with respect to immobilization/booting. Any such complaints shall be addressed by the city manager or designee, as provided in subsection 42-118(v). No charge shall be imposed for the booting of a vehicle unless and until the requirements of this section have been met. Any such unlawful charge shall be reimbursed by any person found to have violated this section.

(14)

In the event that the application of a vehicle immobilization/booting device damages a vehicle, then the immobilization/booting contractor must pay the cost of repairs for that damage.

(15)

In the event that the owner, operator, or person legally in control of the vehicle to which an immobilization/booting device has been applied attempts to operate said vehicle or remove the device, then the vehicle immobilization/booting contractor is not liable for any damage to that vehicle. Additionally, the owner, operator, or person legally in control of the vehicle will be liable to the vehicle immobilization/booting service for the cost of damage to the vehicle immobilization/booting device.

(16)

The property owner or immobilization/booting contractor shall file with the city's risk management department and have in effect at all times an insurance policy or certificates of insurance in lieu thereof which shall indemnify or insure the property owner or immobilization/booting contractor for all claims of damage to property resulting from any action or operation in connection with the service performed, such amount to not be less than $20,000.00 for each incident.

(17)

The property owner or immobilization/booting contractor shall file and maintain on record at all times with the city manager or designee a list of any and all current written contracts for immobilization/booting services on private real property within the city limits. The list shall be kept current and shall provide the city with (i) the address of the real property, (ii) the date of the agreement, (iii) the property owner's name, and (iv) contact information including a name and telephone number at the premises.

(18)

The immobilization/booting contractor shall keep an immobilization/booting log with information including but not limited to date and time the vehicle was observed illegally parked; compliance with this article; date and time of immobilization/booting; location/address of the real property where the immobilization/booting took place; make, model, color, and license tag number of the vehicle immobilized/booted; and receipt number issued to the owner, operator, or person legally in control of the vehicle. In addition, the immobilization/booting contractor shall include in the log verification of vehicle ownership, the name of the person removing the steel boot, and the name of the person requesting tow service, if applicable. All files, records, and logs shall be available for inspection on the subject premises during normal working hours by the city manager or designee. Said log shall be submitted to the city manager or designee on a bi-weekly basis along with the appropriate administrative fee as required by this article. Upon procurement by the city of an electronic centralized reporting system, the immobilization/booting contractor shall be required to submit such information in electronic format to the city's centralized reporting system.

(19)

The immobilization/booting contractor shall call the MPD within 30 minutes after completion of immobilizing a vehicle and notify the MPD of the immobilization/booting; the site; the time the vehicle was immobilized/booted; and the make, model, color, and license plate number of the vehicle. The immobilization/booting contractor shall obtain the name of the person at the MPD to whom such information was reported and note it in its immobilization/booting log. Upon procurement by the city of an electronic centralized reporting system, the immobilization/booting contractor shall be required to submit such information in electronic format to the city's centralized reporting system.

(20)

The immobilization/booting contractor shall conduct 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 in a courteous and orderly manner.

(21)

The immobilization/booting contractor's employees or agents shall wear identification tags or uniforms with identification stating the full name of the contractor and the name of the employee or agent. No identification worn by a contractor's employees or agents shall use the words "enforcement", "department", "police", or "parking". Said identification shall be prominently displayed on the front left side of the employee's or agent's shirt. The contractor's employees or agents shall not wear uniforms that bear resemblance to police or off-street parking department officers. No badges may be worn by immobilization/booting contractors, employees, or staff. All vehicles used in connection with the immobilization/booting of vehicles shall be registered and insured in the name of the immobilization/booting contractor. All of the immobilization/booting contractor's vehicles shall display the contractor's name (or name of joint venture or individual owner or other entity ownership) on the driver's and passenger's side of the vehicle in letters at least three inches high. The contractor's address (or address of joint venture, individual owner, or other entity ownership) and telephone number shall be displayed on the driver's and passenger's side of the vehicle in letters at least one inch high. All such lettering required above shall be permanently affixed to the vehicle. Magnetic signs or lettering are not permissible. No contractor shall use the words "enforcement," "department," "police," or "parking" in its contractor name (or name of joint venture, fictitious name, or entity name).

(22)

The immobilization/booting contractor shall respond in writing to any complaints received by the city manager or designee concerning misconduct on the part of the immobilization/booting contractor or its employees or agents, such as excessive charges, poor business practices, discourteous service, damage to vehicles, or failure to give notice as required by this article. The city manager or designee shall notify the immobilization/booting contractor of any complaints within five business days from receipt of the complaint. The immobilization/booting contractor shall provide any additional explanation or information with respect to the particular complaint within five days upon notification. A written disposition of the complaint will be forwarded to the immobilization/booting contractor and the complainant upon completion of the investigation.

(23)

It shall be unlawful for a property owner or an immobilization/booting contractor to employ, with or without compensation, any individual, firm, company, or business, to serve as "spotters" who report the presence of unauthorized parked vehicles for purposes of immobilization/booting.

(24)

It shall be unlawful for an immobilization/booting contractor to immobilize/boot a vehicle except upon the express instruction and written authorization demonstrating a signature of the property owner or agent authorizing the immobilization/booting of the vehicle. For purposes of this subsection, the term "express instruction" shall mean a clear, definite, and explicit written request by a property owner or agent to a business enterprise relating to a specific vehicle which calls for the immobilization/booting of a specific and individual vehicle parked without permission of the property owner. Such agent shall not be an officer or employee of the immobilization/booting contractor. The term "express instruction" shall not mean a general request unrelated to a specific and individual vehicle or which precedes in time the actual parking of a vehicle. Express instruction shall not be deemed to have been given by the mere posting of the notice requirement set forth below. Express instruction shall not be deemed to have been given by virtue of the mere terms of any contract or agreement between an immobilization/booting contractor and a property owner. Express instruction shall not be deemed to have been given where the instruction occurs in advance of the actual unauthorized parking of the vehicle. Express instruction shall not be deemed to have been given where the instruction is general in nature and unrelated to specific, individual, and identifiable vehicles which are already parked without authorization.

(b)

Signage requirements.

(1)

Signs must be prominently placed at each driveway access or curb allowing vehicular access to the property within five feet from the public right-of-way line. The signs shall be light-reflective with lettering that is not less than two inches high. Where there is no designated entrance, such signs shall be clearly visible from each and every parking space.

(2)

The signs must be affixed upon a sign structure which shall be permanently installed with the bottom of the signs not less than four feet above ground level and shall be continuously maintained on the property for not fewer than 24 hours before the immobilization/booting of vehicles. Where there is no designated entrance, such signs shall be six feet above site grade. There shall be two signs on the premises, sign "A" and sign "B". They may be mounted on the same pole with sign "A" on top. Sign "A" shall be a minimum of 18 inches tall and appear substantially as follows:

(3)

Sign "B" shall contain the following information:

a.

In letters at least two inches high, that unauthorized vehicles will be immobilized or towed away at the owner's expense;

b.

In letter at least four inches high, the words immobilization/tow away zone;

c.

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

d.

In letters at least one inch high, the fee and city administrative charge to remove a steel boot from a vehicle;

e.

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

f.

In letters at least two inches high, the telephone number to call and the on-site location (if applicable) where a person can go to request a steel boot to be removed from a vehicle; and

g.

In letters at least three-fourths of an inch high, MIAMI POLICE DEPARTMENT WRECKER DETAIL NUMBER: (insert current telephone number).

(4)

All signage required by this article shall comply with all other applicable laws and regulations.

(c)

Maximum immobilization/booting rates.

(1)

The maximum rate for removal of an immobilization/booting or boot device on private property that may be collected from the vehicle owner/operator is $49.99.

(2)

In addition to the maximum rates that may be charged by an immobilization/booting contractor providing services pursuant to this section, the city shall impose an administrative fee on the registered owner or other legally authorized person in control of a vehicle in an amount not to exceed 25 percent of the maximum immobilization rate for each vehicle that is immobilized/booted within the city. The immobilization/booting contractor shall collect the administrative fee from the registered owner or other legally authorized person in control of a vehicle and remit the fee upon receipt of a monthly invoice sent to the immobilization/booting contractor for payment of the city's administrative charges. The administrative charges are due and payable upon receipt of such invoice. Failure to remit payment of the administrative charges within 15 days of the receipt of the invoice may result in the suspension of the license and the city may seek additional recourse from the immobilization/booting contractor as set forth below.

(3)

The maximum rate for removal of an immobilization/booting or boot device on private property when the immobilization/booting contractor is still at the scene that may be collected from the vehicle owner/operator is $25.00.

(d)

Unattended parking lot requirements. For purposes of this section, the term "unattended parking lot" shall mean a privately-owned legally operating parking facility, whether a surface lot, garage, structure, or temporary parking lot whose parking inventory is made available to the general public in exchange for consideration, which is not secured by a parking access control system such as an arm barrier or like system, and which is not supervised by on-site parking lot attendant or security personnel.

No unattended parking lot owner or operator shall be permitted to utilize an immobilization/booting contractor unless they meet the following criteria:

(1)

All unattended parking lots must use a pay by phone system as the exclusive payment system. No other payment systems are permitted.

(2)

Prior to giving an immobilization/booting contractor express instruction to immobilize/boot a vehicle due to an expired parking session, the unattended parking lot owner or operator must first give users of the parking lot the option to extend the parking session by mobile application, mobile web, web page, or toll-free number at least 30 minutes before the parking session expires. It shall be unlawful for an immobilization/booting contractor to immobilize/boot a vehicle for an expired parking session unless the unattended parking lot owner or operator first alerts the parking lot user via text message that the parking session will expire in 20 minutes.

(3)

All unattended parking lot owners or operators must confirm on an application if a vehicle's license plate is paid in the operator's system prior to giving Express Instruction to immobilize/boot a vehicle.

(4)

If the application is not operational, the unattended parking lot owner or operator must pull/print the paid vehicle report. The unattended parking lot owner or operator may then audit the lot and give express instruction to immobilize/boot vehicles whose tags are not on the paid list.

(5)

The unattended parking lot must provide signage in addition to the requirements above that inform the motor vehicle owner or operator how to utilize the pay by phone system along with a toll-free number. The sign shall not instruct the motor vehicle owner or operator to display a parking receipt on the dash of any vehicle.

(6)

A motor vehicle owner or operator who provides proof of payment shall not be subject to immobilization/booting. If such a vehicle is immobilized/booted, the immobilization/boot device must be released within 30 minutes by the immobilization/booting contractor at no charge to the owner, operator, or person legally in control of the vehicle.

(7)

The unattended parking lot owner or operator must hold a valid permit, certificate of use and a business tax receipt in accordance with section 35-282 of this Code.

(e)

Enforcement; exemptions; penalties.

(1)

Enforcement. The city manager's designee shall enforce the provisions set forth in this division. This does not preclude other law enforcement agencies from any action as deemed necessary to assure compliance with all applicable laws. If an inspector finds a violation of this division, the inspector shall issue a notice of violation to the violator as provided in section 2-823 of this Code. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator may be liable, instructions and due date for paying the fine, notice that the violation may be appealed by requesting an administrative hearing within ten days after service of the notice of violation, and that failure to do so shall constitute an admission of the violation and waiver of the right to a hearing.

If at any time a property owner or immobilization/booting contractor shall fail or refuse to comply with, or violates any of the provisions of this article, such property owner engaging the services of the immobilization/booting contractor shall be subject to prosecution under the city's code enforcement system, in accordance with the provisions set forth in chapter 2, article X, of this Code. Additionally, the city may seek injunctive relief and/or follow procedures to revoke and/or suspend the local business tax receipt in accordance with the provisions set forth in chapter 31, article II, of this Code, where there are repeated violations of this article.

(2)

Exemptions. Nothing in this article 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.

(3)

Penalties. Penalties for violations of the provisions set forth in this division are hereby established as follows:

a.

Fines for violations shall be as follows:

First offense .....$250.00

Repeat offense .....500.00

b.

Revocation or suspension of immobilization/booting license. The city may revoke or suspend an immobilization/booting license. On its own motion or the written complaint of any person, the police department may investigate the action of a immobilization/booting contractor licensed under this article and cause to be conducted a proceeding before the city manager, or his designated representative, to consider whether or not to revoke or suspend a license. Such license revocation or suspension proceeding shall be conducted substantially in accordance with the hearing provisions of the City Code. A finding of fact by the city manager or designee that a licensed business enterprise has not complied with a regulation as hereinafter set forth shall be sufficient but not exclusive grounds for the city manager to revoke or suspend the license of a business enterprise. In addition, the city may file a suit for injunctive relief to enjoin the operation of the contractor in violation of this division.

c.

As an additional means for enforcement/collection and supplemental to the above, when a notice or record of any past due penalties which became due and payable to the city after the effective date of Ordinance No. 11858 is recorded in the public records of Miami-Dade County, said notice shall constitute a special assessment lien upon all real and personal property of the contractor owing such penalties, and shall remain a lien equal in rank and dignity with the lien of ad valorem taxes and shall be superior in rank and dignity to all other liens, encumbrances, titles and claims in to or against the property involved. Such liens may be foreclosed or levied upon in the manner provided by law.

d.

In addition to the above, a violation of this article may be punished by imprisonment not to exceed 60 days or by imposition of a fine not to exceed $500.00, or both.

e.

Revocation of business tax receipt. The city may also revoke the contractor's business tax receipt in accordance with the provisions set forth in chapter 31, article X, of this Code.

(Ord. No. 13766, § 2, 5-10-18; Ord. No. 13939, § 2, 11-19-20)

DIVISION 4. - POLICE TOWS