title
TOWING AND IMMOBILIZATION (BOOTING) OF MOTOR VEHICLES ORDINANCE (B)
Ordinance No. 0-08-72
An ordinance of the City of Gainesville amending Chapter 14.5, Article III of the Gainesville Code of Ordinances relating to towing and authorizing the immobilization of motor vehicles on private property; amending §14-25 by adding definitions; creating a new division 2 of Article III consisting of §14.5-39 through §14.5-45 related to immobilization of vehicles on private property; providing for immobilization; providing exemptions; providing definitions; setting prerequisites for immobilization; setting criteria for permits; requiring authorization of the real property owner; providing for record keeping; requiring visible identification; requiring operator permits and establishing specifications for the permit; setting criteria for immobilization and removal of the immobilization device; requiring signage and setting signage requirements; setting the maximum immobilization charge and setting permit fees; requiring acceptance of various forms of payment; requiring receipts and specifying required information on the receipt; providing for permit revocation; providing for appeal; providing for civil citations; providing a repealing clause and providing an immediate effective date.
recommendation
The City Commission adopt the proposed ordinance.
explanation
PUBLIC SAFETY COMMITTEE REPORT
At the City Commission meeting of October 16, 2008, the Public Safety Committee had recommended to the Commission certain amendments to the roam towing ordinance, allowing tow companies to boot vehicles on private property, but charge only one fee. The City Commission referred the matter back to the Public Safety Committee to: (1) work out the parameters regarding cost; (2) work out the process in general, including drafting an ordinance, and (3) bring the matter back to the City Commission. The Public Safety Committee continued its review of the proposed amendment at its December 15, 2008, and incorporated changes requested by the City Commission.
The City Commission, at its January 15, 2009 meeting, authorized the City Attorney to draft and the Clerk of the Commission to an ordinance allowing tow companies to boot vehicles on private property.
CITY ATTORNEY MEMORANDUM
This proposed ordinance authorizes the immobilization of motor vehicles on private property by immobilization service companies who must obtain a permit from the City. The ordinance generally mirrors the roam towing process, in that it provides for posting of signs, requires employees engaged in immobilization to obtain permits, requires insurance, and subjects violations of this ordinance to a $125 civil citation. Warning stickers are required to be placed on the immobilized vehicles, and the fee for the removal of the immobilization device (or a boot) is set at $60. The ordinance, if adopted, would go into effect immediately upon adoption.
Upon review of this chapter, the City Attorney's Office also made clarifications and revisions to the Roam Towing division to make these sections consistent with current practice and consistent with each other.
This ordinance requires two readings. Should the Commission pass this ordinance on first reading, second and final reading will be held on March 19, 2009.