§ 24-430. Licensee's duties.

Each licensee engaged in the business of immobilizing unauthorized vehicles shall have a duty to:

(1)

Conduct booting operations exclusively on private property, and only pursuant to a written agreement with the owner or manager of the private property;

(2)

Refrain from conducting booting operations if the required signage is not installed, visibly lighted or otherwise obstructed at the private property. Such signs shall remain in place as long as a booting operation is being conducted;

(3)

Station, at every location where a licensee conducts booting operations, at least one employee or agent to install and remove boots and to receive payments. Each such employee or agent shall:

a.

Wear, in a conspicuous manner, an identification placard clearly displaying the name of such employee or agent and the name, address and telephone number of the licensee; and

b.

Carry on his or her person a copy of the license issued under this section.

Prior to leaving the private property where booting operations are conducted, the employee or agent stationed at the private property shall remove all boots from vehicles at that location;

(4)

Place on the windshield of every vehicle that is booted a copy of the "Consumer Bill of Rights", the text of which shall be provided by the department, and to make copies of this document available to persons upon request;

(5)

Keep copies of the "Consumer Bill of Rights" at the licensed premises and, upon request by any person, to make copies of this document available to such person;

(6)

Maintain sufficient copies of this section for distribution to any person requesting a copy of this article;

(7)

Immediately remove a boot from any motor vehicle, at no charge if:

a.

The owner of the vehicle or the owner's agent is present or arrives on the scene before the vehicle is completely immobilized from the private property;

b.

Such owner or agent can produce the ignition key or other ignition device for the vehicle; and

c.

Such owner or agent is able to remove and immediately does remove the vehicle from the private property;

(8)

Not demand, collect, or receive anything of value or compensation from the vehicle owner, agent or lessee of a booted vehicle other than the amount indicated on the signs posted on the private property from which the vehicle was booted; which shall not exceed $100.00;

(9)

Accept any of the following methods of payment for compensation: United States currency, commonly recognized traveler's checks, money orders, cashier's checks, certified checks, and commonly accepted credit cards and debit cards. The licensee must be able to accept these forms of payment onsite;

(10)

Maintain a 24 hours a day, 365 days per year phone number that is staffed by a live operator to communicate immediately with a driver of a vehicle that has been immobilized by the vehicle immobilization service;

(11)

Provide the owner of a booted vehicle with a legible receipt, which shall indicate:

a.

The date and time the boot was placed on the vehicle;

b.

The date and time the owner returned to the vehicle;

c.

The date and time the boot was removed from the vehicle;

d.

The name of the person who installed the boot; and

e.

That the vehicle owner has the option to pay any fees assessed in connection with the booting operation by credit card;

(12)

Keep on file, for a period of at least three years from the date of its issuance, a copy of the receipts which shall be provided upon request by any authorized village official and shall make a copy of such receipts available for inspection by such authorized village official;

(13)

Refrain from immobilizing governmental vehicles. If at any point a governmental vehicle is in the process of being immobilized, the licensee must relinquish the vehicle immediately and without any payment to the governmental official on site and claiming the vehicle.

(Ord. No. 2018-O-19, § 3(5-12.6), 4-24-2018)