HomeMy WebLinkAbout2023-15 A Ordinance Repealing and Reenacting Section 7-3B-8 of the Vail Town Code, Regarding the Regulation of Boots on Motor VehiclesORDINANCE NO.15
SERIES 2023
AN ORDINANCE REPEALING AND REENACTING SECTION 7-313-8 OF
THE VAIL TOWN CODE, REGARDING THE REGULATION OF BOOTS
ON MOTOR VEHICLES
WHEREAS, the Town currently regulates booting in Section 7-313-8 of the Vail
Town Code;
WHEREAS, pursuant to C.R.S. § 42-5-103, it is a crime for any person, with
criminal intent and without the owner's consent, to tamper with a motor vehicle;
WHEREAS, pursuant to C.R.S. § 42-4-1210(1), a private property owner may
designate specified areas on the private property available for public use only by
authorized vehicles, and parking vehicles outside of such areas without permission from
the owner is prohibited;
WHEREAS, pursuant to C.R.S. § 18-4-504, impermissible parking of vehicles on
private property is a trespass;
WHEREAS, pursuant to C.R.S. § 42-4-2103, a private property owner may remove
or dispose of an abandoned vehicle impermissibly parked on the property;
WHEREAS, the Colorado Public Utilities Commission (the "PUC") extensively
regulates towing carriers, tow truck operators and vehicle booting companies; and
WHEREAS, to promote the health, safety and welfare of its citizens, the Town has
the authority to regulate motor vehicle booting.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 7-313-8 of the Vail Town Code is hereby repealed in its
entirety and reenacted to read as follows:
§ 7-36-8: BOOTING:
(A) For purposes of this Section, the following terms shall have the
following meanings:
Boot orbooting means to place a wheel immobilization device upon a motor
vehicle for the purpose of prohibiting the operation of a motor vehicle.
Chief means the Chief of Police or designee.
Normal business hours means 8:00 a.m. to 5:00 p.m., Monday through
Friday, excluding Town -recognized holidays.
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Vehicle booting company means a private corporation, partnership, sole
proprietor, limited liability company or other entity in the business of
immobilizing a motor vehicle through the use of a boot.
(B) License Requirements:
1. No vehicle booting company shall engage in booting without
a valid license from the Town.
2. No vehicle booting company shall operate within the Town
without first obtaining a permit from the Colorado Public Utilities
Commission (the "PUC") pursuant to 4 CCR § 723-6812, as amended.
(C) Application:
1. An application for a license shall be made on forms provided
by the Town Clerk. There shall be no fee required for the application.
2. Upon receipt of a complete application, the Town Clerk or
designee shall forward the application to the Chief, who shall conduct such
investigation and criminal background check as is necessary to determine
whether:
a. The applicant has been convicted of theft or embezzlement,
any offense involving the unlawful use, taking or conversion of a
vehicle belonging to another person, or a felony; or, if the applicant
is a corporation, that its officers, directors and principal stockholders
are of good business repute and have not been convicted of theft or
embezzlement, a felony or any offense involving the unlawful use,
taking or conversion of a vehicle belonging to another person;
b. The applicant has received and has currently in force a permit
to operate as a vehicle booting company from the Colorado Public
Utilities Commission (the "PUC').
C. The applicant has adequate, safe equipment and an adequate
recordkeeping system and can otherwise comply with the rules and
regulations provided herein; and
d. The applicant has public liability and property damage
insurance or a surety bond providing coverage of at least one million
dollars ($1,000,000) per occurrence.
(D) Issuance or Denial:
1. Within fifteen (15) days, the Chief shall recommend, in writing,
that the Town Clerk issue or deny the license. The Chief shall state the
reasons for a recommendation of denial.
2. The Town Clerk shall then issue the license or deny the
license.
(E) Suspension or Revocation: The Town Clerk may suspend or revoke
a license if the vehicle booting company violates any provision of this Code
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or provides false information to the Town Clerk or to the Chief in an
application for a license. Prior to any suspension or revocation, the Town
Clerk shall provide at least ten (10) days' prior written notice to the vehicle
booting company. Such notice shall state the grounds for suspension or
revocation and shall be mailed by first class U.S. Mail to the vehicle booting
company's last known address. The Town Clerk shall consider any
response submitted by the vehicle booting company prior to their decision.
(F) Renewal: Licenses must be renewed on or before the anniversary
date of the license, and requests for renewal shall be accompanied by the
renewal fee set by resolution of the Town Council.
(G) Equipment: Vehicle booting company vehicles shall be clearly
marked with the business name and PUC license number and shall have a
blinking amber light on the top of or above the vehicle when engaged in
booting operations.
(H) Personnel: All employees of a vehicle booting company shall be
qualified to participate in booting operations within the Town. Employees
shall always have on their person a picture identification card containing:
the employee's picture, the employee's name, the employer's name and the
license number. Every employee shall wear reflective traffic safety vests
while booting.
(1) Rates:
1. The Town shall enforce a schedule of reasonable rates and
charges consistent with those set forth by the PUC under 4 CCR § 723-
6817(b), as amended.
2. A vehicle booting company shall not charge a boot removal
fee higher than seventy-five percent (75%) of the rate allowed by the PUC
for the nonconsensual tow of a motor vehicle with a GVWR of less than ten
thousand (10,000) pounds when requested to remove the boot.
3. If the owner, authorized operator or authorized agent of the
owner of a motor vehicle that is parked without the authorization of the
property owner attempts to retrieve the motor vehicle while the booting
operator is still with the vehicle, a "drop charge" shall not be higher than
what is established by the PUC.
4. There shall not be any boot removal fee assessed if the boot
cannot be removed within ninety (90) minutes from the time of the request
for removal by the vehicle owner or vehicle owner's designee. Any dispute
regarding this timeframe may be refuted based on the phone records from
the vehicle booting company.
5. A boot applied at the direction of a Town police officer shall
only be released at the direction of a Town police officer.
6. A vehicle booting company shall accept payment by cash or
by credit card for the boot removal fee. The vehicle booting company shall
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obtain, carry and maintain in working order such portable credit card
payment equipment as may be necessary to accept payment by credit card
at the location of the placement and removal of a boot.
(J) Written Authorization: No vehicle booting company shall commence
or originate the booting of a vehicle in the Town without the written consent
of the registered owner, legal owner, person in control or other having a
legal right to possession of the vehicle, or upon direction from a police
officer, except when the owner or person in lawful possession of private
property, or their agent, gives written consent to a vehicle booting company
to boot a vehicle. A copy of the written consent shall be given to the Police
Department upon request.
(K) Other Booting Regulations:
1. Vehicle booting companies shall not boot vehicles based on
expired license plates.
2. Each vehicle booting company operator shall maintain a daily
log of the cars that are booted, by license plate, VIN number if legible,
location, date and time, and shall, upon request, provide that log to the
Police Department before the end of the business day following the boot of
a vehicle during normal business hours.
3. Private parking lots that contain one (1) or more parking
spaces and for which the property owner uses vehicle booting for parking
enforcement shall have posted a conspicuous sign near each entrance to
the parking lot. Such sign shall comply with the Town's sign code, and shall
provide notice, with reflective background, that unauthorized vehicles will
be booted.
4. After a boot is placed on any vehicle, the vehicle booting
company shall:
a. Affix a conspicuous and obvious notice to the vehicle that
contains the name, address, telephone number and license number
of the vehicle booting company that placed the boot on the vehicle,
the amount of the boot removal fee, the right to have the boot
removed within ninety (90) minutes of contacting the vehicle booting
company, the name and telephone number of the property owner or
manager authorizing the boot, the signature of the vehicle booting
company operator or designee, a description of the right to request
a post -seizure hearing under this Section and the following written
statement: "The vehicle was booted by the property owner for a
private property parking violation as outlined in Vail Town Code,
Section 7-3B-8. The Town of Vail was not involved in the action.";
b. Maintain personnel authorized to remove any boot and
release any vehicle to its owner or driver upon the payment of any
boot removal fee during such times as required in this Section;
C. Accept payment by cash or by credit card; and
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d. Provide a receipt upon payment for removal of the boot, listing
the fees and advisement of the right to request a post -seizure
hearing for vehicle immobilization pursuant to this Section.
5. Charges for damage to booting equipment shall not be
governed by this Section and shall not prevent the vehicle's release if
scheduled fees are satisfied.
(L) Post -Seizure Hearing:
1. The owner or operator of a previously booted vehicle may
request a "post -seizure" hearing by providing a written request to the Town
Clerk within ten (10) days of the date the vehicle was booted.
2. The hearing shall be conducted by a hearing officer
designated by the Town in the same manner as outlined in Article 3A of
Chapter 3 of this Code. The vehicle booting company shall have the burden
to establish that there was probable cause to immobilize the vehicle.
3. The hearing officer shall determine whether a violation of this
Section occurred. The hearing officer may reverse or reduce any fees
charged.
(M) Appeals. Any decision of the hearing officer under this Section may
be appealed as follows:
1. A written appeal shall be filed with the Town Clerk within ten
(10) days of the date of the decision being appealed, including the basis for
the appeal.
2. The Town Council shall consider the appeal, on a de novo
basis, at a public meeting held within thirty-five (35) days of receipt of the
appeal. The decision of the Town Council shall be final, subject only to
judicial review.
(N) Violation; Penalty.
1. Violation: It is unlawful to violate any provision of this Section.
Each day of violation shall be deemed a separate offense.
2. Civil Enforcement:
a. If the Town chooses civil enforcement, a citation may be
served by posting on the front door of the business in violation, or by
personal service on the alleged violator, or by mailing first-class U.S.
Mail to the last known address of the alleged violator.
b. Civil violations shall be subject to the following fines and
penalties:
L First violation in any twelve (12) month period: $500.
ii. Second violation in any twelve (12) month period:
$1,500.
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iii. Third and subsequent violations in any twelve (12)
month period: $2,500,
C. All penalties shall be paid within fourteen (14) days of the date
of the citation. If the civil violation is paid, there shall be no
opportunity to challenge or otherwise appeal the violation. If the
violation is contested, a written protest shall be filed with the Town
within fourteen (14) days of the date of the citation, and the Town
shall cancel the citation and proceed to criminal enforcement.
3. Criminal Enforcement: If the Town chooses criminal
enforcement or a protest is filed and the civil citation is canceled, a
summons and complaint may be served as provided in the Colorado
Municipal Court Rules of Procedure. The penalties shall be as set forth in
Section 1-4-1 of this Code.
4. Other Remedies: In addition to the penalties described
above, the Town shall have any and all remedies provided by law and in
equity for a violation of this Chapter, including without limitation: damages;
specific performance; and injunctive relief.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 15t day of August, 2023 and a
public hearing for second reading of this Ordinance set for the 5t' day of September, 2023,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
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ATTEST:
Stephanig Bibbens, Town Clerk
READ AND APPROVED ON S
this Wh day of September, 2023.
ATTEST:
_ M1
Stepha a Bibbens, Town Clerk /
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R"DJNG AND
PUBLISHED
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