A. 4387 2
MENTS, BUT SHALL BE LIMITED TO SUCH AREAS AS ARE PROVIDED TO THE PUBLIC
WITHOUT CHARGE; AND
4. "PRIVATE STREET" SHALL MEAN EVERY WAY OR PLACE IN PRIVATE OWNERSHIP
THAT IS USED FOR VEHICULAR TRAVEL BY THE OWNER AND THOSE HAVING EXPRESS
OR IMPLIED PERMISSION OF THE OWNER OR THAT MAY BE USED BY THE PUBLIC FOR
VEHICULAR TRAVEL.
S 1701. APPLICABILITY. 1. THE PROVISIONS OF THIS ARTICLE SHALL NOT
APPLY TO THE BOOTING OF A MOTOR VEHICLE BY:
(A) A CITY, ANY OTHER POLITICAL SUBDIVISION, OR A PERSON ACTING UNDER
THE DIRECTION OF A CITY OR SUCH POLITICAL SUBDIVISION, WHEN SUCH BOOTING
IS AUTHORIZED BY ANY OTHER PROVISION OF LAW OR ANY RULE OR REGULATION
PROMULGATED PURSUANT THERETO; OR
(B) ANY PERSON WHO HAS A LIEN AND WHO DETAINS SUCH MOTOR VEHICLE IN
HIS OR HER LAWFUL POSSESSION.
2. WHERE A POLITICAL SUBDIVISION REGULATES THE PRACTICE OF BOOTING,
SUCH REGULATION SHALL AT A MINIMUM COMPLY WITH THE PROVISIONS OF THIS
ARTICLE; PROVIDED THAT NOTHING HEREIN SHALL PREEMPT THE PROVISIONS OF
ANY LOCAL LAW THAT IMPOSES MORE RESTRICTIVE REQUIREMENTS OR REGULATIONS.
S 1702. LICENSURE AND REGISTRATION. 1. NO PERSON SHALL ENGAGE IN BOOT-
ING WITHOUT HAVING FIRST OBTAINED A LICENSE THEREFOR PURSUANT TO THIS
SECTION AND MEET ANY ADDITIONAL CRITERIA ESTABLISHED BY THE POLITICAL
SUBDIVISION. NO PERSON SHALL BE AN EMPLOYEE OF A LICENSEE WITHOUT HAVING
FIRST SUBMITTED TO A BACKGROUND CHECK, REGISTERED WITH THE POLITICAL
SUBDIVISION AND MET ANY ADDITIONAL CRITERIA ESTABLISHED BY THE POLITICAL
SUBDIVISION.
2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
AN INDIVIDUAL SHALL NOT REQUIRE A LICENSE ISSUED PURSUANT TO THIS
SECTION WHERE SUCH INDIVIDUAL IS AN EMPLOYEE OF, AND IS AUTHORIZED OR
DIRECTED TO ENGAGE IN, BOOTING BY A PERSON REQUIRED TO BE LICENSED BY
THIS SECTION OR TO ACCEPT PAYMENT FOR RELEASING VEHICLES BOOTED BY SUCH
LICENSEE OR SUCH LICENSEE'S EMPLOYEES.
3. AN APPLICATION FOR ANY LICENSE REQUIRED UNDER THIS SECTION OR FOR
ANY RENEWAL THEREOF SHALL BE MADE TO THE POLITICAL SUBDIVISION IN SUCH
FORM AND MANNER AS PROVIDED BY SUCH POLITICAL SUBDIVISION. AN APPLICANT
FOR ANY SUCH LICENSE SHALL BE FINGERPRINTED FOR THE PURPOSE OF SECURING
CRIMINAL HISTORY RECORDS AND SHALL PAY A PROCESSING FEE AS REQUIRED BY
THE STATE DIVISION OF CRIMINAL JUSTICE SERVICES. WHERE THE APPLICANT IS
A SOLE PROPRIETORSHIP, FINGERPRINTS SHALL BE TAKEN OF THE OWNER THEREOF;
WHERE THE APPLICANT IS A PARTNERSHIP, FINGERPRINTS SHALL BE TAKEN OF THE
GENERAL PARTNERS THEREOF; WHERE THE APPLICANT IS A CORPORATION, ASSOCI-
ATION, FIRM OR OTHER BUSINESS, FINGERPRINTS SHALL BE TAKEN OF THE OFFI-
CERS, PRINCIPALS, DIRECTORS, AND STOCKHOLDERS OF MORE THAN TEN PERCENT
OF THE OUTSTANDING STOCK.
(A) WHERE THE APPLICANT FOR LICENSE TO ENGAGE IN BOOTING OR ANY
RENEWAL THEREOF IS A CORPORATION, PARTNERSHIP, ASSOCIATION, FIRM OR
OTHER BUSINESS, SUCH APPLICANT SHALL LIST ON HIS OR HER APPLICATION FOR
SUCH LICENSE OR SUCH RENEWAL THE NAMES, ADDRESSES, AND TELEPHONE NUMBERS
OF EACH OFFICER, DIRECTOR, PRINCIPAL STOCKHOLDER OWNING MORE THAN TEN
PERCENT OF THE OUTSTANDING STOCK, OR OF EACH PARTNER.
(B) WHERE AN APPLICANT FOR LICENSE OR ANY RENEWAL THEREOF CONDUCTS
BUSINESS UNDER A TRADE NAME OR THE APPLICANT IS A PARTNERSHIP, THE
APPLICATION FOR LICENSE SHALL INCLUDE THE TRADE NAME OR PARTNERSHIP
CERTIFICATE DULY CERTIFIED BY THE CLERK OF THE COUNTY IN WHOSE OFFICE
SAID CERTIFICATE IS FILED. IF THE APPLICANT IS A CORPORATION, A COPY OF
THE FILING RECEIPT OR CERTIFICATE OF INCORPORATION FILED AND STAMPED BY
THE NEW YORK STATE SECRETARY OF STATE SHALL BE SUBMITTED WITH A CERTIF-
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ICATE OF ASSUMED NAME OR THE FILING RECEIPT THEREOF, IF ASSUMED NAME IS
USED.
4. AS A CONDITION OF THE ISSUANCE OF A LICENSE TO ENGAGE IN BOOTING,
EACH APPLICANT SHALL FURNISH TO THE POLITICAL SUBDIVISION A SURETY BOND
IN THE SUM OF FIVE THOUSAND DOLLARS, PAYABLE TO THE LOCAL AUTHORITY,
EXECUTED BY THE APPLICANT AND A SURETY APPROVED BY THE AUTHORITY. SUCH
BOND SHALL BE CONDITIONED UPON THE APPLICANT'S COMPLIANCE WITH THE
PROVISIONS OF THIS ARTICLE, LOCAL ORDINANCE AND ANY RULES OR REGULATIONS
PROMULGATED THEREUNDER, AND UPON THE FURTHER CONDITION THAT THE APPLI-
CANT SHALL PAY TO THE LOCAL AUTHORITY ANY FINE, PENALTY OR OTHER OBLI-
GATION WITHIN THIRTY DAYS OF ITS IMPOSITION, OR ANY FINAL JUDGMENTS
AWARDING FROM DAMAGES OCCASIONED TO ANY PERSON BY REASON OF ANY MISREP-
RESENTATION, FRAUD, OR DECEIT, OR ANY UNLAWFUL ACT OR OMISSION OF SUCH
LICENSEE, HIS OR HER AGENTS OR EMPLOYEES, WHILE ACTING WITHIN THE SCOPE
OF THEIR EMPLOYMENT, MADE, COMMITTED OR OMITTED IN THE BUSINESS OF BOOT-
ING. THE LOCAL AUTHORITY MAY, AFTER A PUBLIC HEARING, INCREASE THE
AMOUNT OF THE SURETY BOND REQUIRED BY THIS SECTION TO AN AMOUNT NOT TO
EXCEED TWENTY THOUSAND DOLLARS. THE POLITICAL SUBDIVISION MAY BY LOCAL
ORDINANCE OR BY REGULATION AUTHORIZE THE APPLICANT TO, IN LIEU OF A
BOND, DEPOSIT CASH TO SATISFY THE REQUIREMENTS OF THIS SECTION IN AN
AMOUNT EQUAL TO THE SUM OF THE SURETY BOND REQUIRED BY THIS SECTION.
5. (A) NO PERSON SHALL BE EMPLOYED BY A LICENSEE TO ENGAGE IN BOOTING
OR TO ACCEPT PAYMENT FOR RELEASING VEHICLES BOOTED BY SUCH LICENSEE OR
SUCH LICENSEE'S EMPLOYEES WITHOUT HAVING FIRST SUBMITTED AN APPLICATION
FOR A BACKGROUND CHECK AND REGISTRATION WITH THE POLITICAL SUBDIVISION
WHICH SHALL INCLUDE BUT NOT BE LIMITED TO FINGERPRINTING FOR THE PURPOSE
OF SECURING CRIMINAL HISTORY RECORDS AND REGISTERED WITH SUCH AUTHORITY.
SUCH PERSON SHALL PAY A PROCESSING FEE AS REQUIRED BY THE STATE DIVISION
OF CRIMINAL JUSTICE SERVICES. AN APPLICATION FOR A BACKGROUND CHECK AND
REGISTRATION WITH THE POLITICAL SUBDIVISION REQUIRED UNDER THIS SECTION
OR FOR ANY RENEWAL THEREOF SHALL BE MADE TO THE LOCAL AUTHORITY IN SUCH
FORM AND MANNER AS PROVIDED BY SUCH POLITICAL SUBDIVISION.
(B) NO PERSON WHO IS REQUIRED TO OBTAIN A LICENSE UNDER THIS SECTION,
SHALL PERMIT OR AUTHORIZE A PERSON TO ENGAGE IN BOOTING OR TO ACCEPT
PAYMENT FOR RELEASING VEHICLES BOOTED BY SUCH LICENSEE OR SUCH
LICENSEE'S EMPLOYEES WHO HAS NOT SUBMITTED TO A BACKGROUND CHECK BY AND
REGISTERED WITH THE POLITICAL SUBDIVISION AS REQUIRED UNDER THIS
SECTION. IN ANY PROSECUTION FOR VIOLATION OF THIS ARTICLE, LOCAL ORDI-
NANCE OR ANY RULES OR REGULATIONS PROMULGATED THEREUNDER IT SHALL NOT BE
NECESSARY TO PROVE THAT SUCH LICENSEE KNEW OR SHOULD HAVE KNOWN THAT THE
EMPLOYEE DID NOT REGISTER AND THAT THERE SHALL BE A REBUTTABLE PRESUMP-
TION THAT SUCH PERSON ENGAGED IN BOOTING OR ACCEPTED PAYMENT WITH THE
PERMISSION OR AUTHORIZATION OF SUCH LICENSEE. IN ANY SUCH PROSECUTION,
IT SHALL BE AN AFFIRMATIVE DEFENSE THAT PRIOR TO BEING CITED FOR SUCH
VIOLATION, SUCH PERSON SUBMITTED TO THE BACKGROUND CHECK AND REGISTERED
WITH THE POLITICAL SUBDIVISION.
6. A LICENSEE SHALL ISSUE A TAMPER-PROOF IDENTIFICATION BADGE TO EACH
INDIVIDUAL WHO IS AN EMPLOYEE OF THE LICENSEE AND WHO IS AUTHORIZED BY
THE LICENSEE TO ENGAGE IN BOOTING, AND TO EACH PERSON WHO IS AUTHORIZED
TO ACCEPT PAYMENT FOR RELEASING VEHICLES BOOTED BY SUCH LICENSEE OR SUCH
LICENSEE'S EMPLOYEES. SUCH BADGE SHALL BE MADE FROM FORMS TO BE
FURNISHED BY THE POLITICAL SUBDIVISION. AT A MINIMUM THE NAME OF THE
INDIVIDUAL, THE LICENSEE'S BUSINESS NAME AND THE LICENSEE NUMBER SHALL
BE PRINTED ON THE BADGE. SUCH BADGE SHALL BE DISPLAYED CONSPICUOUSLY.
7. THE POLITICAL SUBDIVISION MAY DENY AN APPLICATION FOR A LICENSE OR
RENEWAL OF A LICENSE OR, AFTER NOTICE AND HEARING, REVOKE OR SUSPEND ANY
A. 4387 4
LICENSE ISSUED PURSUANT TO THIS SECTION AND LOCAL ORDINANCE OR ANY RULE
PROMULGATED PURSUANT THERETO, AND/OR IMPOSE A CIVIL PENALTY NOT EXCEED-
ING TEN THOUSAND DOLLARS ON A LICENSEE, IF IT FINDS THAT AN APPLICANT, A
LICENSEE, ANY OFFICER, DIRECTOR, PARTNER, OR OWNER OF MORE THAN TEN
PERCENT OF THE OUTSTANDING STOCK OF AN APPLICANT OR LICENSEE, OR THE
CHIEF EXECUTIVE OFFICER OF AN APPLICANT OR LICENSEE HAS INCLUDING BUT
NOT LIMITED TO:
(A) MADE A MATERIAL MISSTATEMENT OR MISREPRESENTATION ON AN APPLICA-
TION FOR SUCH A LICENSEE OR THE RENEWAL THEREOF; OR
(B) MADE A MATERIAL MISREPRESENTATION OR OMISSION OR COMMITTED A FRAU-
DULENT OR UNLAWFUL ACT WHILE ENGAGED IN THE BUSINESS OF BOOTING; OR
(C) CONVICTED OF BRIBING OR ATTEMPTING TO BRIBE ANY OFFICER OR EMPLOY-
EE OF THE LOCAL AUTHORITY; OR
(D) VIOLATED ANY APPLICABLE RULE OF THE AUTHORITY.
8. THE POLITICAL SUBDIVISION MAY DENY AN APPLICATION FOR A BACKGROUND
CHECK AND REGISTRATION WITH THE POLITICAL SUBDIVISION, AFTER NOTICE AND
HEARING, REVOKE OR SUSPEND ANY REGISTRATION PURSUANT TO THIS SECTION AND
LOCAL ORDINANCE OR ANY RULE PROMULGATED PURSUANT THERETO, AND/OR IMPOSE
A CIVIL PENALTY NOT EXCEEDING TWENTY-FIVE HUNDRED DOLLARS ON A REGIS-
TRANT, IF IT FINDS THAT AN APPLICANT, OR A REGISTRANT HAS INCLUDING BUT
NOT LIMITED TO:
(A) MADE A MATERIAL MISSTATEMENT OR MISREPRESENTATION ON AN APPLICA-
TION FOR SUCH REGISTRATION OR THE RENEWAL THEREOF; OR
(B) MADE A MATERIAL MISREPRESENTATION OR OMISSION OR COMMITTED A FRAU-
DULENT OR UNLAWFUL ACT WHILE ENGAGED IN BOOTING OR ACCEPTING PAYMENT FOR
RELEASING VEHICLES BOOTED BY A LICENSEE; OR
(C) CONVICTED OF BRIBING OR ATTEMPTING TO BRIBE ANY OFFICER OR EMPLOY-
EE OF THE LOCAL AUTHORITY; OR
(D) VIOLATED ANY APPLICABLE RULE OF THE POLITICAL SUBDIVISION.
S 1703. COMPENSATION AND RECORDS. 1. A LICENSEE SHALL NOT MAKE THE
COMPENSATION OF ANY EMPLOYEE DIRECTLY DEPENDENT, IN PART OR IN WHOLE
UPON THE NUMBER OF VEHICLES BOOTED.
2. A PROPERTY OWNER AUTHORIZING THE BOOTING OF VEHICLES SHALL NOT MAKE
THE COMPENSATION OF ANY LICENSEE DIRECTLY DEPENDENT, IN PART OR IN WHOLE
UPON THE NUMBER OF VEHICLES BOOTED.
3. A LICENSEE SHALL MAINTAIN AN UPDATED, COMPLETE, ACCURATE AND LEGI-
BLE RECORD OF ALL IDENTIFICATION BADGES ISSUED AS PROVIDED IN THIS
SECTION. SUCH RECORD AT A MINIMUM SHALL INCLUDE THE IDENTIFICATION
NUMBER ASSIGNED TO EACH EMPLOYEE AND TO WHOM IT WAS ISSUED, THE DATE ON
WHICH THE INDIVIDUAL WAS FIRST EMPLOYED OR AUTHORIZED TO ACCEPT PAYMENT
OF THE RELEASE OF BOOTED VEHICLES, THE DATE THE BADGE WAS ISSUED AND THE
DATE ON WHICH THE BADGE WAS RETURNED BY SUCH INDIVIDUAL, WHERE APPROPRI-
ATE. UPON REQUEST, SUCH RECORD SHALL BE MADE AVAILABLE FOR INSPECTION BY
THE LOCAL AUTHORITY EITHER AT THE LICENSEE'S PLACE OF BUSINESS OR AT THE
OFFICES OF THE POLITICAL SUBDIVISION.
4. A LICENSEE SHALL ALSO MAINTAIN COMPLETE, ACCURATE AND LEGIBLE
RECORDS AND RECEIPTS TO SUBSTANTIATE THAT VEHICLES ARE BOOTED IN COMPLI-
ANCE WITH THE REQUIREMENTS OF THIS ARTICLE, LOCAL ORDINANCE OR ANY RULE
PROMULGATED PURSUANT THERETO. THE RECORDS FOR EACH PROPERTY SHALL BE
IDENTIFIED WITH THE NAME OF THE OWNER OF SAID PROPERTY AND SHALL BE KEPT
CHRONOLOGICALLY.
S 1704. APPLICATION, SIGNS, CHARGES AND RELEASE OF VEHICLES. 1. NO
MOTOR VEHICLE MAY BE BOOTED UNLESS A SUFFICIENT NUMBER OF SIGNS AT AND
ADJACENT TO A PRIVATE PARKING LOT WHERE VEHICLES ARE BOOTED IS CONSPICU-
OUSLY POSTED AND MAINTAINED BY THE OWNER OF THE PROPERTY IN THE FORM,
MANNER AND LOCATION PRESCRIBED BY THE POLITICAL SUBDIVISION. SUCH SIGNS
A. 4387 5
SHALL CONTAIN SUCH INFORMATION AS THE POLITICAL SUBDIVISION SHALL
PRESCRIBE INCLUDING, BUT NOT LIMITED TO, THE NAME, BUSINESS ADDRESS,
BUSINESS TELEPHONE NUMBER AND LICENSE NUMBER OF THE PERSON AUTHORIZED BY
THE PROPERTY OWNER TO BOOT THE VEHICLE, THE NAME OF THE PROPERTY OWNER,
THE HOURS DURING WHICH AND THE CIRCUMSTANCES UNDER WHICH VEHICLES ARE
PROHIBITED FROM PARKING ON SUCH PROPERTY AND ARE SUBJECT TO BOOTING, THE
FEES TO BE CHARGED FOR BOOTING AND THE TELEPHONE NUMBER OF THE OFFICE AT
THE POLITICAL SUBDIVISION RESPONSIBLE FOR RECEIVING COMPLAINTS REGARDING
BOOTING.
2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE PROVISIONS OF
THIS SECTION SHALL BE SATISFIED WITH RESPECT TO A PRIVATE STREET IF (I)
A SIGN CONTAINING THE INFORMATION REQUIRED BY THIS SUBDIVISION IS POSTED
AND MAINTAINED BY THE OWNER OF SUCH PRIVATE STREET AT EACH PLACE WHERE
SUCH PRIVATE STREET INTERSECTS A PUBLIC STREET AND SUCH SIGNS ARE SITU-
ATED IN SUCH A MANNER AS TO BE READILY VISIBLE AND READABLE BY THE OPER-
ATOR OF A MOTOR VEHICLE TRAVELING FROM A PUBLIC STREET ONTO SUCH PRIVATE
STREET, AND (II) THERE ARE ALSO A SUFFICIENT NUMBER OF SIGNS ON EVERY
OTHER PRIVATE STREET THAT IS IN THE SAME OWNERSHIP STATING THAT VEHICLES
PARKED ON SUCH STREET WITHOUT THE PERMISSION OF SUCH OWNER MAY BE BOOTED
AND CONTAINING THE BUSINESS TELEPHONE NUMBER OF THE PERSON AUTHORIZED BY
THE OWNER TO BOOT THE VEHICLE, WHICH SIGNS ARE READILY VISIBLE AND READ-
ABLE BY AN OPERATOR OF A MOTOR VEHICLE TRAVELING ON SUCH STREET.
3. NO CHARGE FOR THE RELEASE OF A VEHICLE THAT HAS BEEN BOOTED IN
EXCESS OF THAT WHICH IS CONTAINED IN THE SIGNS REQUIRED BY THIS SUBDIVI-
SION MAY BE IMPOSED.
4. IN ADDITION TO THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
NO MOTOR VEHICLE MAY BE BOOTED:
(A) UNLESS SUCH VEHICLE IS UNLAWFULLY PARKED;
(B) WHERE SUCH VEHICLE IS OCCUPIED BY ANY PERSON OR LIVE ANIMAL;
(C) WHEN SUCH VEHICLE IS PARKED ON THE ROADWAY SIDE OF A VEHICLE
STOPPED, STANDING OR PARKED AT THE CURB;
(D) WHERE SUCH VEHICLE IS PARKED IN A FIRE LANE, OR IN FRONT OF OR
IMMEDIATELY ADJACENT TO A FIRE HYDRANT, FIRE CONNECTION OR BUILDING
EMERGENCY EXIT;
(E) UNLESS THE EXPRESS WRITTEN AUTHORIZATION OF THE OWNER OF A PRIVATE
DRIVEWAY BLOCKED BY SUCH VEHICLE HAS BEEN OBTAINED, WHICH AUTHORIZATION
INCLUDES THE LOCATION, MAKE, MODEL, COLOR AND LICENSE PLATE NUMBER OF
SUCH VEHICLE;
(F) IF SUCH VEHICLE IS AN AMBULANCE, CORRECTION VEHICLE, POLICE VEHI-
CLE, FIRE VEHICLE, CIVIL DEFENSE EMERGENCY VEHICLE, EMERGENCY AMBULANCE
SERVICE VEHICLE, ENVIRONMENTAL EMERGENCY RESPONSE VEHICLE, SANITATION
PATROL VEHICLE, HAZARDOUS MATERIALS EMERGENCY VEHICLE, ORDINANCE
DISPOSAL VEHICLE OF THE ARMED FORCES OF THE UNITED STATES; AND
(G) WHERE SUCH VEHICLE BEARS A SPECIAL VEHICLE IDENTIFICATION PARKING
PERMIT OR "MD" NEW YORK REGISTRATION PLATES.
5. IMMEDIATELY AFTER A VEHICLE IS BOOTED, THE PERSON BOOTING SUCH
VEHICLE, THE OWNER OF THE PROPERTY WHERE SUCH VEHICLE WAS BOOTED, OR AN
EMPLOYEE OR AGENT OF SUCH PERSON OR OWNER, SHALL AFFIX AT THE REAR-MOST
PORTION OF THE WINDOW ADJACENT TO THE DRIVER'S SEAT OF SUCH VEHICLE A
STICKER MEASURING EIGHT AND ONE-HALF INCHES BY ELEVEN INCHES CONTAINING
A WARNING THAT ANY ATTEMPT TO MOVE THE VEHICLE MAY RESULT IN DAMAGE TO
THE VEHICLE, AND STATING THE TIME THE VEHICLE WAS BOOTED AND THE NAME,
BUSINESS ADDRESS AND THE LICENSE NUMBER OF THE PERSON WHO BOOTED SUCH
VEHICLE AS WELL AS A BUSINESS TELEPHONE NUMBER WHICH WILL FACILITATE THE
DISPATCH OF PERSONNEL RESPONSIBLE FOR REMOVING THE BOOT WITHIN THIRTY
MINUTES OF THE TIME SUCH REQUEST IS MADE. UPON PAYMENT OF THE BOOTING
A. 4387 6
FEE, THE LICENSEE SHALL REMOVE THE WINDOW STICKER IMMEDIATELY AT NO
EXTRA CHARGE.
6. NO RELEASE OR WAIVER OF ANY KIND PURPORTING TO LIMIT OR AVOID
LIABILITY FOR DAMAGES TO A VEHICLE THAT HAS BEEN BOOTED SHALL BE VALID.
IN ADDITION, ANY PERSON WHO BOOTED A VEHICLE, OR OTHER PERSON AUTHORIZED
TO ACCEPT PAYMENT OF ANY CHARGES FOR SUCH BOOTING, SHALL PROVIDE A
SIGNED RECEIPT TO THE INDIVIDUAL PAYING THE BOOTING CHARGES AT THE TIME
SUCH CHARGES ARE PAID. SUCH RECEIPT SHALL STATE THE NAME, BUSINESS
ADDRESS, BUSINESS TELEPHONE NUMBER AND LICENSE NUMBER OF THE PERSON WHO
HAS BOOTED SUCH VEHICLE AS SUCH INFORMATION APPEARS ON THE LICENSE TO
ENGAGE IN BOOTING, AND SUCH RECEIPT SHALL ALSO INCLUDE A TELEPHONE
NUMBER FOR THE OFFICE WITHIN THE POLITICAL SUBDIVISION RESPONSIBLE FOR
RECEIVING COMPLAINTS WITH RESPECT TO BOOTING. THE BOOTING RECEIPT SHALL
ALSO ADVISE THE OWNER OF THE VEHICLE THAT SUCH PERSON IS ENTITLED TO ASK
AND HAVE A HEARING BEFORE THE POLITICAL SUBDIVISION IF HE OR SHE
DISPUTES THE JUSTIFICATION GIVEN OR THE AMOUNT CHARGED FOR THE BOOTING
OF SUCH VEHICLE, FOR OTHER VIOLATIONS OF LAW OR THE RULES GOVERNING
BOOTING OR FOR DAMAGES AS A RESULT OF BOOTING. SUCH NOTICE SHALL ALSO
INDICATE THAT NO RELEASE OR WAIVER OF ANY KIND PURPORTING TO LIMIT OR
AVOID LIABILITY FOR DAMAGES TO A VEHICLE THAT HAS BEEN BOOTED SHALL BE
VALID.
7. THE CHARGE TO RELEASE A MOTOR VEHICLE THAT HAS BEEN BOOTED ON A
PRIVATE PARKING LOT SHALL BE NO MORE THAN ONE HUNDRED DOLLARS. NOTWITH-
STANDING THE PROVISIONS OF ANY OTHER LAW, WHERE A MOTOR VEHICLE HAS BEEN
BOOTED ON A PRIVATE PARKING LOT AND SUBSEQUENTLY TOWED FROM SUCH PARKING
LOT, NO ADDITIONAL CHARGE MAY BE IMPOSED FOR THE TOWING OF SUCH VEHICLE.
THE OWNER OR PERSON IN CONTROL OF A VEHICLE WHICH HAS BEEN BOOTED BY A
LICENSEE OR SUCH LICENSEE'S EMPLOYEE OR AGENT SHALL BE PERMITTED TO PAY
ANY CHARGE FOR BOOTING AT THE LOCATION WHERE SUCH VEHICLE WAS BOOTED AND
THE LICENSEE, OR OTHER PERSON AUTHORIZED TO ACCEPT PAYMENT, SHALL ACCEPT
SUCH PAYMENT, IN PERSON BY CREDIT CARD IN ACCORDANCE WITH GENERALLY
ACCEPTED BUSINESS PRACTICES.
8. NO CHARGE SHALL BE IMPOSED FOR THE BOOTING OF A VEHICLE IN
VIOLATION OF THIS SECTION OR ANY LOCAL ORDINANCE OR ANY RULE PROMULGATED
PURSUANT THERETO AND ANY SUCH UNLAWFUL CHARGE SHALL BE REIMBURSED BY ANY
PERSON FOUND TO HAVE VIOLATED THIS SECTION OR ANY LOCAL ORDINANCE OR ANY
RULE PROMULGATED PURSUANT THERETO.
9. ANY PERSON WHO HAS BOOTED A MOTOR VEHICLE SHALL RELEASE SUCH VEHI-
CLE WITHIN THIRTY MINUTES OF RECEIVING THE REQUEST FOR SUCH VEHICLE'S
RELEASE; PROVIDED, HOWEVER, THAT PAYMENT OF ANY CHARGE FOR BOOTING IS
MADE AT OR PRIOR TO THE TIME OF SUCH VEHICLE'S RELEASE. THE OWNER OR
PERSON IN CONTROL OF A VEHICLE WHICH HAS BEEN BOOTED BY A LICENSEE OR
SUCH LICENSEE'S EMPLOYEE OR AGENT SHALL BE PERMITTED TO PAY ANY CHARGE
FOR BOOTING AT THE LOCATION WHERE SUCH VEHICLE WAS BOOTED AND THE LICEN-
SEE, OR THE PERSON AUTHORIZED TO ACCEPT PAYMENT, SHALL ACCEPT SUCH
PAYMENT IN PERSON BY CREDIT CARD IN ACCORDANCE WITH GENERALLY ACCEPTED
BUSINESS PRACTICES.
S 1705. SUSPENSION, REVOCATION AND RENEWAL OF LICENSE. AFTER DUE
NOTICE AND OPPORTUNITY TO BE HEARD, THE POLITICAL SUBDIVISION MAY
SUSPEND, REVOKE OR REFUSE TO RENEW ANY LICENSE REQUIRED BY THIS ARTICLE
OR SUSPEND, REVOKE OR REFUSE TO REGISTER ANY EMPLOYEE OF A LICENSEE UPON
A DETERMINATION THAT THE LICENSEE OR ANY EMPLOYEE OR ANY AGENT OF SUCH
LICENSEE HAS VIOLATED ANY PROVISION OF THIS ARTICLE, ANY LOCAL ORDINANCE
OR ANY RULE PROMULGATED PURSUANT THERETO OR WHERE:
1. THE LICENSEE OR ANY EMPLOYEE OR ANY AGENT OR WHERE APPLICABLE ITS
OFFICERS, PRINCIPALS, DIRECTORS, OR STOCKHOLDERS OWNING MORE THAN TEN
A. 4387 7
PERCENT OF THE OUTSTANDING STOCK OF THE CORPORATION WERE FOUND TO HAVE
BOOTED A VEHICLE IN A GROSSLY NEGLIGENT MANNER OR IN A MANNER SHOWING A
RECKLESS DISREGARD FOR LIFE OR PROPERTY; OR
2. THE LICENSEE OR ANY EMPLOYEE OR WHERE APPLICABLE ITS OFFICERS,
PRINCIPALS, DIRECTORS OR STOCKHOLDERS OWNING MORE THAN TEN PERCENT OF
THE OUTSTANDING STOCK OF THE CORPORATION HAVE MADE A MATERIAL FALSE
STATEMENT OR CONCEALED A MATERIAL FACT IN CONNECTION WITH THE FILING OF
ANY APPLICATION PURSUANT TO THIS SECTION OR ANY LOCAL ORDINANCE OR ANY
RULE PROMULGATED PURSUANT THERETO.
S 1706. ENFORCEMENT AND PENALTIES. 1. NO LICENSEE SHALL BOOT, PERMIT
OR AUTHORIZE BOOTING IN VIOLATION OF THE PROVISIONS OF THIS ARTICLE,
LOCAL ORDINANCE OR ANY RULE PROMULGATED PURSUANT THERETO.
2. A LICENSEE SHALL BE LIABLE FOR ANY VIOLATION BY SUCH LICENSEE'S
EMPLOYEES OR AGENTS OF THIS ARTICLE, LOCAL ORDINANCE OR ANY RULE PROMUL-
GATED PURSUANT THERETO.
3. AUTHORIZED EMPLOYEES OF THE POLITICAL SUBDIVISION OR ANY POLICE
OFFICER, SHALL HAVE THE POWER TO ENFORCE ANY PROVISION OF THIS ARTICLE
OR ANY RULE PROMULGATED PURSUANT THERETO. ANY PERSON WHO VIOLATES ANY
PROVISION OF THIS SECTION, LOCAL ORDINANCE OR ANY RULE PROMULGATED
PURSUANT THERETO SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT LESS THAN
FIVE HUNDRED NOR MORE THAN ONE THOUSAND DOLLARS TO THE POLITICAL SUBDI-
VISION. ANY PROPERTY OWNER WHO AUTHORIZES THE LICENSEE TO BOOT ON SAID
PROPERTY SHALL ALSO BE LIABLE FOR ANY VIOLATION OF THE LICENSEE FOR A
CIVIL PENALTY OF NOT LESS THAN TWO HUNDRED FIFTY DOLLARS NOR MORE THAN
FIVE HUNDRED DOLLARS TO THE POLITICAL SUBDIVISION.
4. THE POLITICAL SUBDIVISION SHALL ARRANGE FOR THE REDRESS OF ANY
INJURIES CAUSED BY VIOLATION OF THIS SECTION, LOCAL ORDINANCE OR ANY
RULE PROMULGATED PURSUANT THERETO BY PROVIDING FOR HEARINGS AND SHALL
OTHERWISE PROVIDE FOR COMPLIANCE WITH THE PROVISIONS AND PURPOSES OF
THIS SECTION. PROVIDED HOWEVER, WHERE A VEHICLE WAS WRONGFULLY BOOTED OR
DAMAGED AS A RESULT OF THE BOOTING, THE OWNER OF SUCH VEHICLE SHALL NOT
ONLY HAVE A MEANS OF REDRESS FOR DAMAGES AGAINST THE LICENSEE BUT SHALL
ALSO HAVE REDRESS FOR DAMAGES AGAINST THE OWNER OF THE PROPERTY WHO
AUTHORIZED THE BOOTING. UPON PETITION OF THE OWNER OF SAID VEHICLE, THE
POLITICAL SUBDIVISION MAY IN ADDITION TO ORDERING THE PAYMENT OF ANY
DAMAGES OR RESTITUTION, DIRECT THE LICENSEE AND OWNER OF SAID PROPERTY
TO PAY THE OWNER OF THE VEHICLE OTHER OUT-OF-POCKET EXPENSES NOT TO
EXCEED ONE HUNDRED FIFTY DOLLARS.
S 1707. RULES. THE POLITICAL SUBDIVISION IS AUTHORIZED TO PROMULGATE
SUCH RULES AS THE POLITICAL SUBDIVISION DEEMS NECESSARY TO EFFECTUATE
THE PROVISIONS OF THIS ARTICLE.
S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.