19-1815 Vehicle Immobilization License (Booting)VEHICLE IMMOBILIZATION ORDINANCE PAGE 1
CITY OF MERIDIAN ORDINANCE NO. 19-1815
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
LITTLE ROBERTS, MILAM, PALMER
AN ORDINANCE ADDING A NEW CHAPTER, CHAPTER 3, TO TITLE 3, MERIDIAN
CITY CODE, REGARDING VEHICLE IMMOBILIZATION: DEFINITIONS, VEHICLE
IMMOBILIZATION LICENSE, VEHICLE IMMOBILIZATION REGULATIONS,
PROHIBITED ACTS, AND PENALTY; ADOPTING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, under Idaho Code section 49-1819 and Article XII, section 2, Idaho
Constitution, municipalities are duly authorized to establish regulations not in conflict with the
general laws, including Idaho Code sections 49-1806(1), authorizing property owners to boot
vehicles where the property is posted with notice that unauthorized vehicles may be booted at
the owner’s expense ;
WHEREAS, the City Council of the City of Meridian seeks by this ordinance to
establish consistency and clarity in regulation of vehicle immobilization; protect public safety,
consumer interests, and property; and institute due process protections; and
WHEREAS, the City Council of the City of Meridian finds that the following ordinance
is necessary to protect the public health, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
TITLE 3
BUSINESS AND LICENSE REGULATIONS
CHAPTER 3
VEHICLE IMMOBILIZATION
SECTION 3-3-1: DEFINITIONS:
For the purposes of this chapter, these terms shall be defined as follows:
A. IMMOBILIZE: To impound, incapacitate, or immobilize 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, whether attached to the
vehicle or not, that does not allow the owner of the vehicle, or his or her authorized agent, to
freely or lawfully move the vehicle from the place where it is immobilized.
B. 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, whether attached to the vehicle or not, that does not allow the owner of the vehicle,
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VEHICLE IMMOBILIZATION ORDINANCE PAGE 2
or his or her authorized agent, to freely or lawfully move the vehicle from the place where it
is immobilized.
C. VEHICLE IMMOBILIZATION DEVICE or IMMOBILIZATION DEVICE: Any device,
wheel clamp, object, barrel, boot, mechanism, or method, whether attached to the vehicle or
not, used to prevent free or legal movement of the vehicle from the place where it is
immobilized.
Section 3-3-2: VEHICLE IMMOBILIZATION LICENSE:
A. License required: It shall be unlawful for any person to engage in vehicle immobilization
unless a valid City of Meridian Vehicle Immobilization License has been issued as herein
provided and said license is in full force and effect.
B. Application for license: An application for a Vehicle Immobilization License shall be made
to the City Clerk, and shall include a completed application form provided by the City Clerk,
which form shall include, but not be limited to:
1. Applicant’s name, physical address, and mailing address.
2. Applicant’s employer’s name, physical address, and mailing address.
3. A description of the services to be offered and/or delivered under the Vehicle
Immobilization license.
4. A description of any and all motor vehicles to be used to respond to calls for service,
including license plate state and number, make, model, color, and identifying logos.
5. Current schedule of fees charged by applicant or applicant’s employer for the release of
all vehicles immobilized, printed on company letterhead and signed by the owner of the
company.
6. Copy of the notice that will be attached to vehicles pursuant to the requirements of this
chapter.
7. A comprehensive listing of any and all infraction, misdemeanor and/or felony
convictions; probation violations; or forfeitures of bail by or of the applicant.
8. An agent upon whom service of process may be made in the state of Idaho.
9. Application fee as set forth in the fee schedule of the City Clerk's Office.
10. One (1) photograph of the applicant. Such photograph shall be two inches by two inches
(2" x 2") and shall show the head and shoulders of the applicant in a clear and
distinguishable manner.
11. A photocopy of applicant’s driver’s license or other government issued identification
document.
12. Fingerprints, taken by the Idaho state police, of the applicant.
13. Proof of an insurance policy, issued by an insurance company licensed to do business in
Idaho, protecting the applicant from all claims for damages to property and bodily injury,
including death, which may arise from operations under or in connection with the Vehicle
Immobilization license. Such insurance shall afford minimum limits of five hundred
thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars
($500,000.00) per occurrence bodily injury, and one hundred thousand dollars
($100,000.00) per occurrence property damage.
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VEHICLE IMMOBILIZATION ORDINANCE PAGE 3
14. Upon receipt of all application materials required by this subsection, the City Clerk shall
refer the application to the Chief of Police, who shall cause an investigation to determine
the validity and completeness of the information therein. The chief of police or his
designee shall endorse upon the application the findings of the investigation and return it
to the city clerk.
15. Upon receipt of the findings of the chief of police or his designee, but no later than thirty
(30) calendar days from the date of submission of the completed application and all
application materials required by this subsection, the City Clerk shall either issue a City
of Meridian Vehicle Immobilization License to the applicant, or deny the application.
Where the city clerk denies an application, he shall notify the applicant of such denial in
writing, which shall include notice of the right to appeal such decision as set forth in this
subsection. Written notice of the denial shall be sent via U.S. mail to the applicant at the
address set forth on the application.
C. Denial. The city clerk shall deny an application for a Vehicle Immobilization License
where:
1. The application is incomplete;
2. The applicant is under eighteen (18) years of age;
3. Investigation of such application or application materials reveals that provided
information is invalid, false, or incomplete; or
4. The applicant has been convicted of any of the following:
a. A violation of any provision of this chapter within the five (5) years preceding the
date of submission of the application.
b. A violation of any local law governing vehicle immobilization within the five (5)
years preceding the date of submission of the application.
c. Reckless driving, eluding a police officer, or failure to carry insurance within the five
(5) years preceding the date of submission of the application.
d. A misdemeanor charge of driving under the influence of alcohol or drugs within the
five (5) years preceding the date of submission of the application, or a felony charge
of driving under the influence of alcohol or drugs within the ten (10) years preceding
the date of submission of the application.
e. Any misdemeanor charge involving theft or fraud within the five (5) years preceding
the date of submission of the application, or any felony charge of theft or fraud within
the fifteen (15) years preceding the date of submission of the application.
f. A misdemeanor charge of battery, assault, domestic battery or assault, telephone
harassment, stalking, or violation of a protective order within the five (5) years
preceding the date of submission of the application, or a felony charge of battery,
assault, domestic battery or assault, telephone harassment, stalking, or violation of a
protective order within the ten (10) years preceding the date of submission of the
application.
g. Any crime involving, or related to, firearms or other weapons.
h. Any crime involving, or related to, a child or children, elderly persons, and/or other
vulnerable persons.
i. Any crime involving, or related to, prostitution, indecent exposure, obscene conduct,
or other sexual conduct or activity.
j. Any crime involving, or related to, drugs or illicit substances.
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VEHICLE IMMOBILIZATION ORDINANCE PAGE 4
k. The applicant is or at any time has been required by any law or legal order to register
as a sex offender.
D. License. The city of Meridian Vehicle Immobilization License shall include, on its face:
1. The name of the individual licensed to operate within the city under such license;
2. The dates during which such license is valid. Unless earlier revoked, such license shall
expire three hundred sixty-five (365) days following the date of issuance.
3. Any conditions of operation that, in addition to those set forth in this chapter, are
necessary to protect the public health, safety, and welfare.
E. Nontransferable. A Vehicle Immobilization License is not transferable or assignable.
F. Exceptions. A city of Meridian vehicle immobilization license shall not be required for:
1. Temporary and necessary actions taken by government authorities for the emergency or
public safety needs;
2. The removal of unlicensed or abandoned vehicles from a street, highway, public or
private property in compliance with law; or
3. A private property owner towing an unauthorized vehicle, or having an unauthorized
vehicle towed, in compliance with law.
G. Revocation. In addition to any and all other applicable civil or criminal penalties, the City
Clerk or designee may revoke a City of Meridian Vehicle Immobilization License where:
1. The licensee violates any term or condition of the license, or any provision of this chapter
or of any other local, State, or Federal law.
2. It is found, after issuance of such license, that it was issued pursuant to falsified,
inaccurate, or incomplete information on the application therefor.
3. The operation under the license varies materially from the description submitted with the
application.
The City Clerk shall notify the licensee of such revocation in writing, and shall mail such
notice to the applicant at the mailing address set forth in the Vehicle Immobilization License
application. Such revocation shall be effective fourteen (14) days after mailing by the City
Clerk.
H. Appeal. Appeal of the city clerk’s denial of an application for a Vehicle Immobilization
License or revocation of a Vehicle Immobilization License may be made by the applicant or
licensee. Such appeal shall be made in writing, shall state the reasons for such appeal, and
shall be delivered to the city clerk via U.S. mail or in person within fourteen (14) days of the
City Clerk’s mailing of such denial or revocation. Upon receipt of such written appeal, 1) the
city clerk shall schedule a public hearing on the appeal at a city council meeting within thirty
(30) days, and 2) the denial or revocation shall be stayed through city council’s issuance of
written findings on such decision. Following a public hearing on the appeal, city council
shall either affirm or reverse the city clerk’s action and shall issue written findings supporting
such decision. If the City Council’s decision is to affirm the city clerk’s action, such decision
shall be effective The city council’s decision on such appeal shall be a final decision.
3-3-3: VEHICLE IMMOBILIZATION REGULATIONS:
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VEHICLE IMMOBILIZATION ORDINANCE PAGE 5
A. Tow of booted vehicle prohibited. It shall be unlawful for any person to tow or cause to be
towed a vehicle that has been immobilized, unless such vehicle has been immobilized for
more than twelve (12) hours.
B. One release fee only. It shall be unlawful to collect more than one (1) release fee per
vehicle, even if more than one vehicle immobilization device is attached to such vehicle.
C. Limitation on fees. No person or entity may charge more than one hundred dollars
($100.00) for the release of an immobilized vehicle and/or the removal of a device used to
immobilize a vehicle.
D. Vehicle identification. All vehicles used by in the course of vehicle immobilization shall
identify the licensee as the parking enforcement authority. Logos and lettering shall be
visible on both sides of the vehicle, shall be at least three (3) inches in height, and shall be
reflective for visibility at night. Lettering shall be of a contrasting color to the primary
vehicle color to provide greater visibility.
E. Carry and display license. Each Vehicle Immobilization licensee shall carry, visibly
display, and present the license when engaged in vehicle immobilization, collection of
money, or contact with any person.
F. Immobilization devices. Any device used in the immobilization of any vehicle shall be in
safe and proper working condition.
G. Immobilization prohibited. Licensee shall not immobilize:
1. Any police, fire, paramedic, medical, or other emergency vehicle. Upon proof that an
unmarked vehicle is used for such purpose the vehicle immobilization unit shall be
removed immediately at no charge.
2. An attended or occupied vehicle without first verbally requesting the occupant remove
the vehicle.
3. A delivery vehicle in service.
H. Immobilization restricted. Licensee may immobilize the following, but must remain
physically present, within thirty feet (30’) of the immobilized vehicle, until the vehicle
immobilization device is released. Under no circumstances may Licensee attach an
immobilization device to the following and leave the scene. Licensee shall release the
immobilization device immediately if ordered to do so by law enforcement, fire department,
or other public safety personnel.
1. A vehicle parked in a fire lane.
2. A vehicle parked in a parking spot designated for persons with a disability. Upon
showing of a disabled parking placard or proof that the driver of the vehicle is
momentarily in the space for the purpose of allowing a person with a disability to
enter or leave the vehicle, the vehicle immobilization unit shall be removed
immediately at no charge.
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VEHICLE IMMOBILIZATION ORDINANCE PAGE 6
I. Notice on immobilized vehicles. Licensee must affix an easily-removed notice to the lower
driver’s side window of each vehicle immobilized, notifying the owner of the vehicle of the
following:
1. Name and employer of person applying the vehicle immobilization device.
2. The date, time, and reason for the immobilization.
3. The requirements necessary for the release of vehicle, including cost to release.
4. Name and telephone number of company or person to contact for the release of the
vehicle.
J. Response upon request for release. All vehicle immobilization licensees shall be available
for response to an immobilized vehicle twenty-four (24) hours a day, seven (7) days a week.
Licensees shall respond to a call for release of a vehicle within sixty (60) minutes of a
request, and must remain at the facility until the immobilization device is removed, unless the
vehicle owner refuses to pay the release fee. Licensee may exceed the sixty (60) minute
response requirement if actively engaged in the release of another vehicle. It shall be an
affirmative defense for the licensees, employees or agents of the licensee to prove that the
delay was caused by the normal operation of the business and not dilatory actions of the
licensee.
K. Signage required. No vehicle shall be immobilized unless a sign meeting the following
specifications ordinance are posted in a clearly conspicuous location at each entrance to the
property. All signs shall be:
1. Posted so that the bottom of the sign is at least thirty-six inches (36”), but no more than
seventy-two inches (72”) off of the ground.
2. Of the dimension eighteen inches by twenty-four inches (18”x24”).
3. Reflective, readable, and unobstructed.
4. White with red lettering at least two (2) inches in height and shall contain all of the
following information:
a. PERMIT PARKING ONLY, NO PARKING ANYTIME, NO UNAUTHORIZED
OR IMPROPERLY PARKED VEHICLES, or other similar prohibition.
b. VIOLATORS WILL BE BOOTED AT THE OWNER’S EXPENSE
c. Licensee’s name and phone number for release.
d. Cost to remove vehicle immobilization device.
L. Forms of payment. Licensee shall accept at least two (2) forms of payment other than cash
(for example: debit card, credit card, or check). Licensee shall neither demand nor accept
payment in the form of goods, services, or any non-monetary means.
SECTION 3-3-4: PROHIBITED ACTS:
It shall be unlawful for any person to:
A. Engage in vehicle immobilization within Meridian without having first obtained a vehicle
immobilization license;
Meridian City Council Meeting Agenda March 19, 2019 – Page 383 of 652
B. Immobilize a vehicle for breach of a condition not stated in the signage required by this
chapter;
C. Charge a fee for release of an immobilized vehicle in excess of the fee stated in the signage
required by this chapter;
D. Fail or refuse to remove a vehicle immobilization device immediately upon payment of the
authorized fee; or
E. Use any device, object, barrel, boot, mechanism, or method that injures or damages a vehicle
when installed, removed or while the owner or agent of the owner of the vehicle does not
move or attempt to move the vehicle.
F. Violate or fail to comply with any provision of this chapter.
G. Damage or destroy any device, object, barrel, boot, mechanism, or method lawfully affixed
to a vehicle by a Vehicle Immobilization licensee for purposes of vehicle immobilization.
SECTION 3-3-5: PENALTY:
Any person, individual, corporation who shall violate any of the provisions of this
Chapter shall be guilty of a misdemeanor. Each incident of violation shall be a separate offense
and punishable as herein above described.
Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 3. That this ordinance shall be effective on May 1, 2019.
PASSED by the City Council of the City of Meridian, Idaho, this Qday of
0 -yr l , 2019.
APPROVED by the Mayor of the City of Meridian, Idaho, this [414'day of
arm , 2019.
APPROVED:
°Pv�vc\
G S�
Tammy d eerd, Mayor
SEAL' 0,41,0 AL
VEHICLE IMMOBILIZATION ORDINANCE PAGE 7
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 19- 15
An ordinance adding a new chapter, Chapter 3, to Title 3, Meridian City Code, regarding vehicle
immobilization: definitions, vehicle immobilization license, vehicle immobilization regulations,
prohibited acts, and penalty; adopting a savings clause; and providing an effective date.
By: C.Jay Coles, City Clerk
First Reading: // 5-/ '�°l I
Adopted after first reading by suspension of
the rule as allowed pursuant to Idaho Code
§ 50-902: YES NO
Second Reading..1� �l
Third Reading: / GI
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE NO. 19 -
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby
certifies that he is the legal advisor of the City and has reviewed a copy of the attached
Ordinance no. 19- 1 �6 of the City of Meridian, Idaho, and has found the same to be true and
complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3).
DATED this t'( day of 2019.
CAad z- r
William L.M. Nary, City Attorney
VEHICLE IMMOBILIZATION ORDINANCE PAGE 8