ARTICLE 13: PRIVATE BOOTING OF MOTOR VEHICLES Section 7-13-1 Short title 7-13-2 Findings 7-13-3 Definitions 7-13-4

Authority to immobilize 7-13-5 Booting regulations and notice requirements 7-13-6 Additional requirement for booting of vehicles on a commercial parking lot 7-13-99 Penalty 7-13-1 SHORT TITLE. This article may be referred to as the "Private Booting of Motor Vehicle Ordinance." (Ord. 25-2011) 7-13-2 FINDINGS. The Council finds that the practice of using vehicle immobilization ("booting") devices by private parking lot owners or operators is allowed within the city provided that the booting practices provide adequate notice to, and remedies for, members of the public in accordance with this article. (Ord. 25-2011) 7-13-3 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BOOT. Any vehicle immobilization device that is attached to a vehicle that prevents the vehicle from being driven, or the act of placing such a device on a vehicle. BOOTING SERVICE. Any person or other entity who engages in or who owns or operates a business which engages in whole or in part in the booting of vehicles. A booting service includes the owner of property that engages in the booting of vehicles on the owner's property. A governmental entity that immobilizes a vehicle is not a booting service. COMMERCIAL PARKING LOT. A private parking lot that provides parking for a fee separately charged each time that parking occurs. MAYOR. The Mayor of the City of Albuquerque or the Mayor's designee.

PRIVATE PARKING LOT. Any parking lot or area owned by a private entity that provides parking spaces for a fee or requires the permission of the owner, lessee or agent before a person may park at that location. A private parking lot includes vehicle parking spaces in an apartment complex. VEHICLE. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, whether or not operational. VEHICLE IMMOBILIZATION. The impounding, incapacitating or immobilizing of any vehicle, whether motorized or not, without the permission of the owner or agent of the owner of the vehicle by the use of any device, wheel clamp, object barrel, boot, mechanism or method, either attached to the vehicle or not, by the owner or agent of the property upon which the vehicle is parked, that does not allow the owner of the vehicle, or his or her authorized agent, to freely move the vehicle from the place where it is immobilized. (Ord. 25-2011) 7-13-4 AUTHORITY TO IMMOBILIZE. (A) No booting service shall place a boot on a vehicle within the city limits unless it does so in compliance with the provisions of this article. (B) A booting service shall conduct booting operations exclusively on private property. (C) No boot shall be placed upon any occupied motor vehicle or upon any motor vehicle parked in accordance with the terms of use for the subject property. (D) A fee may be charged by a booting service to remove a boot, but such fee shall not exceed $75. (E) This article shall not apply to any entity that is acting on behalf of a governmental agency. (Ord. 25-2011) Penalty, see 7-13-99 7-13-5 BOOTING REGULATIONS AND NOTICE REQUIREMENTS. (A) No fewer than 14 days prior to the commencement of a booting operation at each and every location where a booting operation is to be conducted, the booting service or owner of a private or commercial parking lot shall post, and maintain in a conspicuous and well-lit location, a minimum of two signs no smaller than 24 inches in height and 36 inches in width, setting forth at a minimum: (1) the date upon which a booting operation shall commence and terms of use of the subject property; (2) the fee for removal of a boot; and (3) the name, address, and a 24-hour telephone number for the booting service as provided in subsection (B) herein. (B) Each booting service shall have 24-hour service and access seven days per week ("24-hour telephone number"). A booting service shall respond to all calls for release of a vehicle within one hour of a request for response. (C) Upon being contacted at the 24-hour telephone number, the booting service shall arrive at the location of the immobilized vehicle within one hour and shall be available to remove a boot within that

time period. Prior to removal the booting service may require payment of a fee in accordance with 7-134. (D) Notice. Immediately upon attaching a boot to the vehicle, the booting service shall affix a written notice to the driver's side window containing the following information: (1) a warning that any attempt to move the vehicle may result in damage to the vehicle; (2) the name and 24-hour telephone number of the booting service responsible for removing the device; (3) the maximum fee, established by this article required to remove the vehicle immobilization device; and (4) the time and reason the vehicle was immobilized. (Ord. 25-2011) Penalty, see 7-13-99 7-13-6 ADDITIONAL REQUIREMENT FOR BOOTING OF VEHICLES ON A COMMERCIAL PARKING LOT. (A) On any commercial parking lot where booting is used there shall be a method by which any person who pays for parking receives a receipt showing the date and time when payment was made for such parking. Such receipt shall either be issued by a person stationed at the commercial parking lot, by a machine that issues a paper receipt upon payment, or by a credit card payment method which allows payment by mobile phone where the receipt is logged in four different formats: text message, e-mail, bank statement, and the booting service's database. If the receipt is placed inside the vehicle so that it is visible from the outside, the vehicle shall not be booted or otherwise immobilized. (B) The booting service shall provide a receipt unless the booting service demonstrates to the city that it meets the following requirements: (1) The booting service provides the credit card payment method described in subsection (A) above; (2) The booting service implements and adheres to a policy of issuing a warning to a vehicle for parking without payment, and does not attach a boot to a vehicle unless and until three prior written warnings have been issued to that vehicle on three separate occasions; (3) The booting service maintains electronic records of all warnings issued to vehicles, which shall include the date, time and location of the warning for each license plate number; (4) The booting service does not attach a boot to a vehicle unless the booting service can demonstrate by the records it maintains that the vehicle has received three prior written warnings for parking without payment; and (5) The booting service provides a process for resolving a protest of a warning or the attachment of a boot to a vehicle, which process is set forth in writing and displayed in a conspicuous and well-lit location on the site of the commercial parking lot. (Ord. 25-2011) Penalty, see 7-13-99 7-13-99 PENALTY.

(A) Any person or entity violating any provision of this article shall, upon conviction, be guilty of a petty misdemeanor and shall be subject to the penalty provisions set forth in 1-1-99 ROA 1994. Each and every day such violation is committed shall constitute a separate offense. (B) Nothing in this penalty section shall preclude the city from seeking any equitable relief including but not limited to an injunction. In the event any person or entity defaults on any obligation to pay a fee or fine under this article, the city may collect such unpaid amounts by any method provided by law. (C) Remedies not exclusive. This section does not limit the remedies available to municipalities under New Mexico law. If a civil remedy does not appear adequate to protect the public or if a civil remedy is otherwise unavailable for any reason, the city may avail itself of any other remedies available at law or equity. This article does not limit the rights of any person harmed by the actions of a booting service from pursuing their own remedies. (Ord. 25-2011)