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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(5) the amount of the fee for removal of the boot and any associated parking fees; (6) notice of the right of a vehicle owner or vehicle operator to a hearing under Subchapter J, Chapter 2308,Texas Occupations Code(Rights of Owners and Operators of Stored or Booted Vehicles ), regarding whether probable cause existed to immobilize the vehicle.; and (7) notice of the right to file a complaint with the police chief for violation of this division by a booting company or a boot operator. (c) On removal of a boot,the boot operator shall provide a receipt to the vehicle owner or operator stating: (I) the name of the person who removed the boot; (2) the date and time the boot was removed; (3) the name of the person to whom the vehicle was released; (4) the amount of fees paid for removal of the boot and any associated parking fees; and (5) the right of the vehicle owner or operator to a hearing under Subchapter 1, Chapter 2308, Texas Occupations Code (Rights of Owners and Operators of Stored or Booted Vehicles ), regarding whether probable cause existed to immobilize the vehicle. (d) The booting company shall maintain a copy of the receipt at its place of business for a period of three years. A peace officer has the right, on request, to inspect and copy the records to determine compliance with the requirements of this section. (e) A booting company shall accept payment by cash an electronic check, debit card, or credit card for any fee or charge associated with the removal of a boot. A booting company may not collect a fee for any charge associated with the removal of a boot from a person who offers to pay the charge with an electronic check, debit card, or credit card form of payment that the booting company is not equipped to accept. Sec. 82.192. Boot Removal. (a) A booting company responsible for the installation of a boot on a vehicle shall remove the boot not later than one hour after the time the owner or operator of the vehicle contacts the company to request removal of the boot.