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.

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Unauthorized vehicle means a vehicle parked, stored, or located on a parking facility without the consent of the parking facility owner. Vehicle means a device in, on, or by which a person or property may be transported on a public roadway. The term includes an operable or inoperable automobile, truck, motorcycle, recreational vehicle, or trailer but does not include a device moved by human power or used exclusively on a stationary rail or track. Vehicle owner means a person: (1) named as the purchaser or transferee in the certificate of title issued for the vehicle under Chapter 501, Transportation Code; (2) in whose name the vehicle is registered under Chapter 502, Transportation Code,or a member of the person's immediate family; (3) who holds the vehicle through a lease agreement; (4) who is an unrecorded lienholder entitled to possess the vehicle under the terms of a chattel mortgage; or (5) who is a lienholder holding an affidavit of repossession and entitled to repossess the vehicle. Sec. 82.191. Booting of unauthorized vehicle. (a) A parking facility owner may, without the consent of the owner or operator of an unauthorized vehicle, cause a boot to be installed on the vehicle in the parking facility if the parking facility owner has posted the signs in the parking facility required by Subchapter G, Chapter 2308, Texas Occupations Code (Signs Prohibiting Unauthorized Vehicles and Designating Restricted Areas). (b) A boot operator that installs a boot on a vehicle must affix a conspicuous notice to the vehicle's front windshield or driver's side window stating: (1) that the vehicle has been booted and damage may occur if the vehicle is moved; (2) the date and time the boot was installed; (3) the name, address, and telephone number of the booting company; (4) a telephone number that is answered 24 hours a day to enable the owner or operator of the vehicle to arrange for removal of the boot;