§ 4-6-230

Booting of motor vehicles

a.

Definitions .  As used in this section:

Boot” or “booting” means the act of placing on a parked motor vehicle any mechanical device that is designed to be attached to a wheel or tire or other part of such vehicle so as to prohibit the vehicle’s usual manner of movement.

Motor vehicle” means every vehicle which is propelled by a motor.

b.

Exemptions .  The requirements of this section shall not apply to the booting of a motor vehicle by the City of Chicago or any governmental entity or to any person acting under the direction of the City of Chicago or any governmental entity, when booting of a motor vehicle is authorized by any provision of law or any rule or regulation promulgated thereunder.

c.

Application – Additional information required .  In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in the business of booting of motor vehicles shall be accompanied by the following information:

1.

proof of commercial general liability insurance, as required under subsection (f)(1) of this section;

2.

a statement as to whether, within three years of the date of application or renewal, (i) the applicant, or (ii) any employee or agent of the applicant who physically installs or removes booting devices or receives payment for removing booting devices, has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony of any type.

d.

Departmental duties .

1.

The commissioner shall notify the superintendent of police and district police commanders within the affected service area of all licenses issued under this section.

e.

License issuance and renewal – Prohibited when .  No license to engage in the business of booting of motor vehicles shall be issued to the following persons:

1.

any applicant or licensee, as applicable, if, within three years of the date of application or renewal, (i) such applicant or licensee, or (ii) any employee or agent of such applicant or licensee who physically installs or removes booting devices or receives payment for removing booting devices, has ever been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony of any type.  Provided, however, that the commissioner may accept as proof of an employee’s or agent’s lack of disqualifying convictions an affidavit from a private detective licensed in Illinois, certifying that the detective has examined the criminal history and record of the employee or agent, and that, within the last three years, the employee or agent has not been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of a felony of any type.  The commissioner may specify a form for the affidavit by rule.

2.

any applicant or licensee, as applicable, who is found liable of misrepresenting or falsifying his or her criminal history or that of any employee or agent within the meaning of subsection (e)(1) of this section.

f.

Legal duties .  Each licensee engaged in the business of booting of motor vehicles shall have a duty to:

1.

maintain in full force and effect at all times throughout the duration of the license period commercial general liability insurance, with limits of not less than $500,000.00 per person and not less than $1,000,000.00 per incident, arising in any way from the issuance of a license.  The policy of insurance required under this subsection shall (i) be issued by an insurer authorized to insure in the State of Illinois; (ii) name the City of Chicago as additional insured; and (iii) include a provision requiring 30 days’ advance notice to the commissioner prior to cancellation or lapse of the policy.  A copy of such certificate of insurance shall be kept on the licensed premises, and, upon request by any authorized city official, shall be made available for inspection by such authorized city official;

2.

conduct booting operations exclusively on private property, and only pursuant to a written agreement with the owner or manager of the property;

3.

post, 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, and to maintain in a conspicuous location, a minimum of two signs no smaller than 24 inches in height and 36 inches in width, setting forth: (i) the date upon which a booting operation shall commence; (ii) the terms of use of the subject property; (iii) the fee for removal of a boot; (iv) the name, address and a 24-hour telephone number for the licensee; (v) the name and telephone number of the property owner or manager; and (vi) a statement notifying consumers of their rights under this section with language provided by the department.  Such signs shall remain in place as long as a booting operation is being conducted;

4.

remove, upon discontinuation of booting operations at a property, the signs required under subsection (f)(3) of this section.  The licensee, the property owner and the property manager shall be jointly and severally liable for any violation of this subsection;

5.

station, at every location where a licensee conducts booting operations, at least one employee or agent to install and remove boots and to receive payments.  Each such employee or agent shall (i) wear, in a conspicuous manner, an identification placard clearly displaying the name of such employee or agent and the name, address and telephone number of the licensee; and (ii) carry on his or her person a copy of the license issued under this section.  Prior to leaving the location where booting operations are conducted, the employee or agent stationed at the location shall remove all boots from vehicles at that location;

6.

place on the windshield of every vehicle that is booted a copy of the “Consumer Bill of Rights”, the text of which shall be provided by the department, and to make copies of this document available to persons upon request;

7.

keep copies of the “Consumer Bill of Rights” at the licensed premises and, upon request by any person, to make copies of this document available to such person;

8.

maintain sufficient copies of this Section 4-6-230 for distribution to any person requesting a copy of this ordinance;

9.

immediately remove a boot from any motor vehicle, at no charge, if the owner of the motor vehicle returns prior to complete attachment of the boot;

10.

have available means of collecting any fees, via cash and credit card, at each and every location where a booting operation is conducted;

11.

notify the Chicago Police Department of any booted vehicle that remains in a lot or garage for over 24 hours;

12.

maintain at the licensee’s place of business minimum business hours of 9:00 a.m. to 5:00 p.m., Monday through Friday;

13.

provide the owner of a booted vehicle with a legible receipt, which shall indicate (i) the date and time the boot was placed on the vehicle; (ii) the date and time the owner returned to the vehicle; and (iii) the date and time the boot was removed from the vehicle.  Such receipt shall include the name of the person who installed the boot and shall clearly state that the owner has the option to pay any fees assessed in connection with the booting operation by credit card.  The licensee shall keep on file at the licensed premises, for a period of at least three years from the date of its issuance, a copy of the receipts required to be provided under this paragraph (13), and, upon request by any authorized city official, shall make a copy of such receipt(s) available for inspection by such authorized city official.

g.

Prohibited acts .  It shall be unlawful for any licensee engaged in the business of booting motor vehicles to:

1.

provide booting service at any property at which any person having a beneficial interest in the licensee also has a beneficial interest in the subject property;

2.

place a boot upon any occupied motor vehicle or upon any motor vehicle parked in accordance with the terms of use for the subject property;

3.

assess a fee in excess of $140.00 to remove a boot;

4.

use any boot of a color prohibited by the commissioner in duly promulgated rules and regulations.  The commissioner may prohibit any color which might be confused with a boot used by the City as part of the City’s vehicle immobilization program; and

5.

engage in booting operations at any location that is outside the 1st Ward, 2nd Ward, 6th Ward, 12th Ward, 15th Ward, 21st Ward, 22nd Ward, 23rd Ward, 24th Ward, 25th Ward, 26th Ward, 27th Ward, 29th Ward, 30th Ward, 31st Ward, 32nd Ward, 33rd Ward, 34th Ward, 36th Ward, 37th Ward, 38th Ward, 40th Ward, 42nd Ward, 43rd Ward, 44th Ward, 45th Ward, 46th Ward, 48th Ward, or 49th Ward.

h.

Violation – Penalty .  In addition to any other penalty provided by law: Any person who violates any provision of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $1,000.00 nor more than $2,000.00 for each violation.  Any licensee who violates any provision of this section two times at one location within any 180-day period shall be prohibited from conducting booting operations at that location for a period of one week.  Each day that a violation continues shall constitute a separate and distinct offense.

(Added Coun. J. 5-9-12, p. 27485, § 16; Amend Coun. J. 6-6-12, p. 28356, § 1B; Amend Coun. J. 11-8-12, p. 38872, § 69; Amend Coun. J. 4-10-13, p. 51200, § 1; Amend Coun. J. 11-26-13, p. 68766, § 1; Amend Coun. J. 6-25-14, p. 83687, § 1; Amend Coun. J. 5-6-15, p. 108483, § 1; Amend Coun. J. 7-29-15, p. 3637, § 1; Amend Coun. J. 7-29-15, p. 3639, § 1)

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