Legal Documents of Gatlinburg

Each licensee or employee or agent of the licensee under this chapter shall observe all the following:

1. Any devices used in the immobilization of any vehicle shall be in safe and proper working condition.
2. Emergency vehicles used in police, fire, or medical emergencies shall not be immobilized for any reason. Upon proof that an unmarked vehicle is used for the same purpose, the vehicle immobilization unit shall be removed immediately at no charge.
3. An easily removed notice must be affixed to the driver's side window of each vehicle immobilized notifying the owner of the vehicle of the reason for the immobilization as well as the requirements necessary for the release of the vehicle. Upon payment of the release fee, the sticker shall be removed. The notice shall contain the following information:
   1. Name and telephone number of company or person to contact for the release of the vehicle.
   2. Cost of the release of the vehicle.
   3. Acceptable forms of payment for the release of the vehicle.
   4. Time and reason vehicle immobilized.
4. All licensees shall have twenty-four (24) hour service and access. Licensees shall respond to all calls for release of a vehicle within thirty (30) minutes of a request for response and must remain at the facility until the immobilization device is removed, unless the payment of the fee is refused. The licensee, employees or agents of the licensee may exceed the thirty (30) minute response requirement if they are actively engaged in the release of another vehicle. It shall be an affirmative defense for the licensee, employees or agents of the licensee to prove that the delay was caused by the normal operation of the business and not dilatory actions of the licensee, employee or agent of the licensee.

5. No vehicle shall be immobilized at a parking facility unless signs required by this chapter are posted at the designated locations on the site. All signs shall be posted so that the bottom of the sign is at least thirty-six (36) inches, but no more than seventy-two (72) inches off the ground. All signs as designated by the city shall be lighted for nighttime visibility. The city may require additional lighted signs upon review of the site plan and visual inspection of the lot. The signs shall be white with red lettering at least two (2) inches in height and shall contain the following language in the following format:

   PERMIT PARKING ONLY or   NO PARKING ANYTIME

   (Hours of Operation or 24 Hours)

   VIOLATORS WILL BE BOOTED

   AT THE OWNER'S EXPENSE

   (Fee $ ___________  )

   [Phone #] for Release (Licensee's Name)

   No additional language may appear on these required signs. The city may approve all signs.

6. All signs must be readable and unobstructed.
7. No attended vehicle may be immobilized without first requesting the occupant to remove the vehicle.
8. All parking spaces shall be visibly striped. No striping is required if the property prohibits the parking of cars at any time. Striping is also not required on gravel parking lots.
9. No delivery vehicle, in service, may be immobilized.
10. Various forms of payment must be allowed with at least two (2) methods being an alternative to cash, specifically, personal checks, credit cards or debit cards.
11. Licensee shall provide a written receipt to each person making a payment for having their car booted. (as added by Ord. #2348, June 2006, and amended by Ord. #2360, Sept. 2006)