[Added 6-12-2007 by G.O. No. 3-2007]
It is hereby declared and found that the rates and charges imposed for the booting or immobilization of vehicles parked on private property is a matter affecting the public interest. In certain instances, these rates should be subject to supervision and administrative control for the purpose of safeguarding the public against fraud, exorbitant rates and similar abuses. It is, therefore, expressly found that it is against the public interest for persons rendering booting or immobilization services to derive excessive profits from exorbitant rates or from improper practices.
A. 
No person shall conduct a booting or immobilization service in the City of Yonkers without first having obtained a license for both a booting or immobilization service as well as a towing service as hereinafter provided. A booting or immobilization service may only be conducted from a tow truck licensed by the City of Yonkers. A similar license will be issued to the owner of the private property where the booting or immobilization of the vehicle occurs. No fee will be charged for this license.
B. 
No license shall be issued unless an application is completed and filed with the City of Yonkers on a form prescribed by the Police Commissioner which shall include the following information:
(1) 
The name and address of the applicant, specifying, in the case of a partnership or an unincorporated association, each partner or member thereof and, in the case of a corporation, the name and address of each officer, director and stockholder thereof.
(2) 
The date of birth and the citizenship of the applicant and each member thereof, if an unincorporated association, and of each officer, director and stockholder, if a corporation.
(3) 
The address of any and all offices, garages or shops located inside or outside the City of Yonkers which are used by the applicant in his booting service.
(4) 
A statement that the applicant has read and understands the provisions of this chapter and will abide by them if issued a license.
(5) 
A statement as to whether the applicant or any partner, member, officer or director has within the last five years ever been convicted of crime and, if so, the date, the crime charged and the sentence imposed.
(6) 
Whether this is an initial application for a license or a renewal.
(7) 
Any other relevant information which the Police Commissioner may require.
Each booting or immobilization license issued pursuant to this chapter shall expire each year on the 30th day of June, regardless of when the license was originally issued, unless earlier suspended or revoked as provided herein by § 111-25.
No person shall place a booting or immobilization device on an unattended motor vehicle parked without authorization on privately owned property unless the following requirements have been complied with:
A. 
A sign of minimum dimension of three feet by three feet shall be conspicuously posted at each entrance and exit to the parking lot and wherever else the Commissioner deems necessary. Each sign must contain the following information:
(1) 
A statement that any vehicle parked without authorization on the premises shall be booted and immobilized at the owner's expense.
(2) 
The fee charged for the booting or immobilization shall not exceed $60 plus tax for use and/or the removal of the equipment.
(3) 
The permit number issued by the City of Yonkers.
(4) 
The name, address and telephone number of the person to contact for release of the vehicles. It shall the responsibility of the property owner to make certain such information is current and correct.
B. 
Only a person, corporation or entity licensed by the City of Yonkers may boot and immobilize a vehicle. Only a boot or immobilization device approved by the Police Commissioner, pursuant to this article, may be utilized by anyone.
C. 
No license issued to a property owner hereunder shall be transferred to another premises.
D. 
The City of Yonkers Parking Authority and one- and two-family residential property are exempt from this section.
E. 
The person who booted and immobilized the vehicle shall immediately notify the Yonkers Police Department of the site, date and time when a booting or immobilization device was affixed, clamped or locked on a motor vehicle as well as the color, make, year and model of the vehicle. The Police Department shall provide phone numbers for such notification. Also, the person booting and immobilizing the vehicles must possess a cellular phone in order to make such calls.
F. 
A licensee shall maintain an accurate and legible record to substantiate that vehicles booted are in compliance with this section. Records shall include:
(1) 
The time of first sighting, when the vehicle was first observed on the property, the vehicle's license plate number, when the vehicle/driver was observed parked beyond the time period allowed or when the driver left the parking lot establishment.
(2) 
The log shall be maintained and be available for inspection on the property to which the entries pertaining to were parked or where the alleged violation occurred and where the vehicle was booted; otherwise, the log shall be kept and be available for inspection at the principal place of business of the licensee.
G. 
A nonpermanent, easily removable notice shall be affixed to the driver's window or windshield of any vehicle that has been booted or immobilized. Said notice shall, at a minimum, contain information that the vehicle has been booted and shall also contain the name, address and telephone number of the person or entity to contact to release the vehicle. Placing the notice under the windshield wiper blades will not satisfy the requirements of this section.
H. 
The Police Department shall promulgate regulations regarding the use of booting and immobilization devices. No boot or immobilization device may be used without such device first being registered with the Yonkers Police Department. Any registered device under this article shall not be used anywhere in the City of Yonkers unless and until a copy of the key, combination or releasing mechanism or tool is provided to the Yonkers Police Department. The Police Department shall also promulgate regulations regarding the use of any key, combination or releasing mechanism or tool.
I. 
The responsibility for removing such boot or immobilization device after payment of any fees still remains with the person who placed it on the vehicle.
J. 
The person who has booted and immobilized a motor vehicle shall release such vehicle within 15 minutes of receiving payment of the fee imposed.