§ 320.50. Rules of operation.

In addition to any other applicable regulation contained in this chapter or code, all vehicle immobilization service licensees and their employees shall operate in strict accordance with the following:

(a)

Prior to installing a locking wheel boot on any motor vehicle at the request of someone other than the vehicle's owner, the vehicle immobilization service licensee shall determine that the parking lot has entrance warning signs which are in compliance with Chapter 319.230(f) of this Code, and that in the case of Class A commercial parking lots, have an ample supply of self service fee payment supplies such as envelopes, pencils, instruction signs, and other common equipment. In the event that the parking lot lacks any such items, vehicle immobilization shall be prohibited.

(b)

The person authorizing the vehicle immobilization must be an owner of the property, or the license holder of the parking lot license for the property, or a bona fide employee of the owner or parking lot license holder, or a duly licensed protective agent, licensed under Minnesota Statutes, Chapter 326, hired by the owner or parking lot licensee, or a vehicle immobilization service licensee or employee pursuant to section 320.50(e)(2) of this Code.

(c)

Vehicle immobilization service licensees shall use a printed order form that includes the name, address and telephone number of the licensee's business. A completed order form must include the name of the natural person authorizing the service, set forth in paragraph (b). The name of the person authorizing the service, and the date and time that the service was provided, must be stamped on the form. The person authorizing service shall sign the completed order form. The order form shall also include the name of the person installing the locking wheel boot, the location where the service is being provided, and a description of the vehicle to be immobilized. The vehicle immobilization service licensee shall have this authorized order form signed, fully completed and in personal possession before installing the locking wheel boot. The amount charged for the service, including any parking fees due, shall be included on this order form and a copy of this form shall be given to the person reclaiming the vehicle. All of the information on the order form must be legible. The original copy of the completed order forms shall be maintained at the licensee's place of business for a period of not less than two (2) years and shall be made available for review by the licensing official during all common and reasonable business hours.

(d)

Vehicle immobilization service licensees shall have a process for handling complaints that arise from their immobilization of vehicles. On the back of the printed order form set forth in paragraph (c), a vehicle immobilization service licensee shall include information on how to file a complaint with the licensee. The back of the printed form must also include notification, in a format and substance as approved by the licensing official to include, at a minimum, a telephone number that a complainant may use to contact the City of Minneapolis if a complaint is not satisfactorily resolved.

(e)

Parking lot patrol activities.

(1)

Except as provided in paragraph (e)(2), vehicle immobilization service licensees shall not perform parking lot patrol activities. Parking lot patrol activities shall be defined to include, but not limited to, determining which vehicles have not paid a parking fee or which vehicles are on the premises without the property owners' permission. Vehicle immobilization service licensees shall not enter a parking lot for the purpose of immobilizing a vehicle unless requested by the natural person authorizing the service, set forth in paragraph (b). Vehicle immobilization service licensees shall not have any employee waiting in any parking lot for which they are providing immobilization services. Waiting shall be defined to include any time in which the employee is not actively involved in providing vehicle immobilization services.

(2)

A vehicle immobilization service licensee may perform parking lot patrol activities and may authorize immobilization provided that the licensee obtains a written and signed agreement from the owner of the property, or the license holder of the parking lot license for the property. The written agreement must detail when the vehicle immobilization service licensee is permitted to be on the property and the extent of the monitoring that will be done by the immobilization licensee. A copy of the agreement must be filed with the licensing official. The licensing official may reject any agreement that does not comply with the provisions of this section. If an agreement is rejected, a licensee cannot perform parking lot patrol activities until an agreement is filed that complies with this section. Whenever any changes are made to the written agreement, a new copy of that agreement must be filed with the licensing official. A vehicle immobilization service licensee that is performing parking lot patrol activities must comply with paragraph (n) of this section.

(f)

The licensee shall maintain a chronological log or record of the vehicles that have been immobilized. The log shall indicate a description of the vehicle, location that the service was performed, time of service, and time of vehicle release. A copy of this log or record shall be delivered to the licensing official each month.

(g)

Immediately upon installing the locking wheel boot, a blaze orange warning decal at least forty-seven (47) square inches in size shall be prominently placed in the center of the driver's side window or on the front windshield directly in front of the vehicle steering wheel. The specific language on the warning sign shall be subject to approval by the licensing official and shall clearly and legibly inform the operator of the vehicle that a locking device has been installed on the front left wheel of the vehicle and that attempting to move the vehicle will cause serious damage to the vehicle. This decal shall display the telephone number and address of the licensee. Upon payment of the service fee, the licensee shall offer to remove the decal and shall have in possession the appropriate materials needed to remove all parts of the decal and residue.

(h)

Vehicle immobilization service licensees shall maintain a telephone line that is answered by a natural person whenever an employee, officer or agent of a licensee is working, and/or a locking wheel boot is attached to a vehicle. The licensee is required to ensure that this telephone number is accurately printed on the warning decal attached to the vehicle. In addition, the licensee shall ensure that no inaccurate phone numbers are displayed on signs at the parking lot location where the vehicle immobilization occurred, on the business cards required by section 320.45(b), or on any other medium that is viewable by the public.

(i)

Vehicle immobilization service licensees shall respond to a request to remove a wheel-locking device within sixty (60) minutes. If a licensee does not appear to remove the wheel-locking device within sixty (60) minutes of a customer request, the locking device shall be removed at no charge.

(j)

Vehicle immobilization service licensees shall not install a wheel locking boot on any vehicle displaying tax exempt plates, any marked emergency vehicle, any United States military vehicle, or any vehicle displaying a handicap vehicle permit without a Minneapolis police officer being present and duly notified.

(k)

To prevent personal injury, damage to property, disorderly conduct, or other criminal activity, vehicle immobilization service licensees shall comply with all police officers' requests to remove a wheel-locking device and shall remove the wheel-locking device at no cost.

(l)

In the event that a vehicle is not claimed within twenty-four (24) hours, the licensee shall notify the Minneapolis impound lot of the vehicle's description and location. If the vehicle was reported as stolen, the licensee, at the direction of a police officer, shall remove the vehicle immobilization device free of charge.

(m)

The vehicle immobilization service licensee may not attempt to collect service fees or parking lot fees after a vehicle has been impounded by a Class A motor vehicle service licensee.

(n)

If a parking lot is being monitored by a vehicle immobilization service licensee or an employee or agent of the licensee, for the purpose of determining which vehicles are parked illegally, the licensee and the individual performing the monitoring must comply with this section.

(1)

During those times when the vehicle immobilization service licensee or agent of the licensee is actively monitoring the parking lot, the vehicle immobilization service licensee must provide a general notification that the parking lot is being actively monitored. That general notification must consist of a sign at each entrance for the lot. The signs must be a minimum of eighteen (18) inches by eighteen (18) inches. The signs must inform the public that the lot is being actively patrolled. The language and placement of the signs shall be subject to approval by the licensing official.

(2)

The vehicle service licensee shall not permit an individual unable to provide information as to the acceptable use of the parking lot to monitor the parking lot.

(3)

The individual monitoring the parking lot must remain visible in the parking lot while the parking lot is being actively monitored. While the individual is monitoring the lot, the individual shall wear a uniform as required in section 320.45(a).

(4)

The individual monitoring the parking lot shall provide accurate information to any individual who asks as to the acceptable use of the parking lot, the name of the company providing the vehicle immobilization service and the address and telephone number of the office of the vehicle immobilization service company.

(5)

If the individual monitoring the parking lot is able to determine that the driver of a vehicle has parked in a manner that would permit the vehicle to be immobilized, prior to that driver leaving the parking lot, and the individual monitoring the parking lot has a reasonable opportunity to warn that driver, that individual shall inform the driver that the vehicle must be moved or it will be immobilized.

(o)

A vehicle shall not be immobilized if there is not compliance with this chapter. (94-Or-046, § 1, 4-29-94; 2005-Or-034, § 2, 4-29-05; 2013-Or-203, § 4, 12-6-13)