Ord 2018-056/amending Ch. 82 of the City of San Marcos Code of Ordinances to allow for the regulation of the private use of vehicle immobilization devices within the City of San Marcos.

Home Browse Search

ORDINANCE NO.2018-56 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING CHAPTER 82,ARTICLE 4 OF THE SAN MARCOS CITY CODE BY ADDING A NEW DIVISION 3 REGULATING VEHICLE BOOTING ACTIVITIES ON PRIVATE PARKING FACILITIES; PROVIDING A SAVINGS CLAUSE;PROVIDING FOR THE REPEAL OF ANY CONFLICTING PROVISIONS; PROVIDING FOR PENALTIES; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. The City Council hereby finds and determines that the adoption of regulations governing the booting of vehicles in private parking facilities by booting companies and boot operators is in the interest of the public health, welfare and safety. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 82,Traffic and Vehicles,Article 4, Stopping, Standing,Parking,of the San Marcos City Code is amended by adding a new Division 3, Regulation of Vehicle Booting Activities, as set forth below. Added text is indicated by underlining. DIVISION 3. REGULATION OF VEHICLE BOOTING ACTIVITIES Sec. 82.190. Definitions. In this division: Boot means a lockable road wheel clamp or similar vehicle immobilization device that is designed to immobilize a parked vehicle and prevent its movement until the device is unlocked or removed. Booting company means a person that controls, installs, or directs the installation and removal of one or more boots. Boot operator means an individual who installs or removes a boot on or from a vehicle. Parkingfacility means public or private property used,wholly or partly, for restricted or paid vehicle parking. The term includes: (1) a restricted space on a portion of an otherwise unrestricted parking facility; and (2) a commercial parking lot, a parking garage, and a parking area