051 of 2005 - Enacting Chapter 5.85 pertaining to vehicle immobilization 0 05-1
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SALT LAKE CITY ORDINANCE
No. 51 of 2005
(Enacting New Chapter 5.85 of the SALT LAKE CITY CODE
Regarding Vehicle Immobilization)
AN ORDINANCE ENACTING CHAPTER 5.85, SALT LAKE CITY CODE,
PERTAINING TO VEHICLE IMMOBILIZATION.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 5.85 of the SALT LAKE CITY CODE, pertaining to Vehicle
Immobilization, shall be, and the same hereby is, enacted to read as follows:
CHAPTER 5.85
VEHICLE IMMOBILIZATION
5.85.010 Definitions.
As used in this chapter:
A. "Vehicle Immobilization" means immobilizing a vehicle without the vehicle owner's
consent by the use of any device and generally releasing the vehicle only upon payment of a fee.
B. "Fee" means any charge, price, service, or thing of value.
5.85.020 License Required.
A. It is unlawful for any person to engage in Vehicle Immobilization within Salt Lake
City limits unless the person has a valid Salt Lake City license granted in compliance with the
provisions of this chapter.
B. The fee for the license shall be in accord with Section 5.04.070, SALT LAKE CITY
CODE.
C. A person who already has a valid Salt Lake City business license for an existing
business shall notify the City Licensing Authority in writing of the intent to engage in Vehicle
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Immobilization. Performing vehicle immobilization without receiving City authorization
following submission of such notice shall be grounds for the revocation or suspension of the
existing business license. The procedure for a Police Department Investigation provided in
Section 5.85.040 shall be followed except that a Police Department investigation will not be
conducted if the person's existing business license was issued following a Police Department
investigation. The fees, if any, associated with such notice shall be in accord with Section
5.04.070, Salt Lake City Code.
5.85.030 Insurance Required.
No Vehicle Immobilization shall be conducted unless there is on file with the City license
office a certificate of liability insurance executed by an insurance company authorized to do
business in this state. The insurance shall be in the minimum amount of$25,000 and shall cover
any damages caused to any vehicle or vehicle owner by the licensee.
5.85.040 Investigation by Police Department.
Each application for a license shall be referred to the Police Department for investigation.
Except as hereinafter set forth, the following shall be a bar to issuance or renewal of a permit.
A. Any conviction of a crime involving moral turpitude, narcotics or dangerous drugs, or
of property damage unless a period of not less that five (5) years shall have elapsed since the date
of conviction or the date of release from confinement for such offense, whichever is later; or
B. Any conviction of a felony for any reason unless a period of not less than ten (10)
years shall have elapsed since the date of conviction or the date of release from confinement for
such offense, whichever is later.
C. Notwithstanding subsections A, and B of this section, if the Mayor or the Mayor's
designated hearing officer receives letters or testimony at a hearing, as provided in Chapter 5.02
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of this title, proving by a preponderance of the evidence that the applicant has reformed his/her
moral character so as to pose no threat to members of the public, the license shall be issued. If
the applicant is still on parole or probation, a letter from the parole officer or probation officer
recommending the applicant be granted a license, together with the reasons for the
recommendation, shall be required.
In the event of any criminal citation or information pending against the applicant, the
Police Department may recommend that a license not be issued or renewed prior to a hearing
held in accordance with Chapter 5.02 of this title.
5.85.050 Operational Requirements.
A. Every licensee and employee of the licensee shall wear either(i) a readily identifiable
shirt, blouse, or other top article of clothing with the name of the licensee and the first name of
the employee contained thereon and readable from a distance of six feet (6') or (ii) a prominently
visible identification badge on the front of his or her clothing with the name of the licensee and
the first name of the employee contained thereon and readable from a distance of six feet (6').
B. Every licensee shall accept a charge placed upon a valid credit or debit card as
payment for the fee if the person who is redeeming the vehicle prefers to pay with a card instead
of cash. The immobilized vehicle shall be promptly released upon request and payment.
C. No fee greater than Eighty Dollars ($80) may be charged for release of a vehicle that
has not been moved from the spot where it was parked prior to being immobilized or impounded.
An itemized bill shall be provided. No fee at all may be charged by the licensee for release of a
vehicle or otherwise if the driver returns to the vehicle before immobilization of the vehicle is
completed and the driver promptly removes the vehicle from the premises.
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D. No licensee may immobilize a vehicle unless the licensee has a current valid written
contract with the property owner authorizing the licensee to immobilize or impound vehicles
parked upon their property without permission. All licensees or their employees shall have in
their possession on the site where the vehicle is immobilized either(i) a copy of the agreement or
(ii) a statement of authorization for the licensee signed by the property owner and shall show
either said agreement or said authorization upon demand by a City official or upon demand of
the person redeeming the vehicle.
E. Any equipment used to immobilize a vehicle shall be placed on the driver's side of the
vehicle, whenever practicable.
F. No licensee may immobilize a vehicle without placing a notice on the driver's door
window using words and/or symbols that reasonably inform the driver that the vehicle has been
immobilized.
G. If a vehicle has been immobilized, it may not be removed from the site sooner than
two hours from the time it was immobilized.
H. No vehicle may be removed from the site unless it is removed by a towing service
licensed by Salt Lake City Corporation.
I. No licensee may require the payment of a towing fee or any other fee or charge other
than that authorized by Section 5.85.050(C) as a condition to releasing an immobilized vehicle.
J. If an immobilized vehicle is impounded, no fees of any kind relating to the
immobilization may be charged in addition to the towing, storage, or other impoundment fees
that may be applicable.
K. Any licensee who has no employee on site authorized to release the vehicle must
promptly respond to the site, but in no event longer than one-half hour of a request for release of
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a vehicle. The person responding must have full authority to act for the licensee and shall have a
copy of the agreement or statement of authorization with them as required by Section
5.85.050(D).
5.85.060 Sign Requirements.
No vehicle may be immobilized without the consent of the vehicle owner unless:
1. There is: (a) signage visible to the driver of a vehicle entering the property, and
(b) signage visible to the driver from the location where the vehicle is parked. Such signage
shall use words and/or symbols that reasonably provide notice that parking without permission or
contrary to permission of the property owner or operator will subject the vehicle to being
immobilized at the vehicle owner's expense.
2. The signs contain such notice on both sides unless one side is blocked by a
structure.
3. The signs are at least eighteen inches (18")by twenty-four inches (24") in size.
4. The lettering for at least the first half of the text on the sign is no smaller than one
and one-half inches (11/4") in height, and the lettering for the remainder of the text on the sign is
no smaller than one-half inch(1/4") in height. The lettering shall be reflective and against a
contrasting background.
5. The sign states the dollar amount of the immobilization fee.
6. No vegetation or other object obstructs the view of the signage by the driver of a
vehicle as the driver enters or leaves the property.
7. The sign provides a telephone number that can be called at any time of the day or
night to make arrangements for release of the vehicle.
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5.85.070 Violations—Penalty.
A. Licenses are subject to revocation and suspension in accordance with Chapter
5.02.
B. Any violation of Section 5.85.050 and Section 5.85.060 shall constitute a civil
violation and shall be handled as provided by Chapter 2.75 of this Code. The civil penalty for
each such violation shall be one hundred dollars ($100.00).
C. Any violation of Section 5.85.020 and Section 5.85.030 shall be a Class B
misdemeanor.
SECTION 2. EFFECTIVE DATE. That this ordinance shall take effect on the date of
its first publication.
Passed by the City Council of Salt Lake City, Utah, this 23rd day of August , 2005.
CHAIRPER ON
ATTEST:
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CHIEF DEPUTY CITY RECO ER
Transmitted to the Mayon August 31 , 2005
Mayor's Action: pproved ❑Vetoed
MAY R
ATTEST:
CHIEF DEPUTY CITY REC RDER Date av-
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Bill No. 51 of 2005
Published: September 27, 2005.
G Ordinance 04 Enacting Chapter 5 85-Booting Services doc
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