Please help me
City of Denver
Council Member District 4
Kendra Black
1437 Bannock Street, Room 451
Denver, CO 80202
Towing and Booting
Dear Council Member Black,
I am writing to you because your position as an important member of the City Council. I need your help with an outdated municipal code that affects my business and people in your community. As you may be aware towing is the primary tool used to enforce parking on private property. Since the tow companies are regulated by the State of Colorado Public Utilities Commission the City of Denver has little control over what happens in the city.
Property owners have had limited options to enforce parking on their properties. Towing is the primary tool being used at this time. It is a fine line for a property owner to maintain control of their property for their patrons while not driving them away with too aggressive of an action. Most properties have two options booting and towing. Neither is a great option, but booting is the lessor of the two.
Around the year 2000 an aggressive booting company booted Pat Bowlen’s wife in Cherry Creek leading to the adoption of an oppressive set of rules to govern booting companies-55-296 – 55-318 which I have included. The reason I bring this up is that it is preventing a viable customer service solution being made available to your community. What I mean by that is that I have been around the towing industry since 1973 and I saw a need for a new type of service. A service that is oriented around providing parking compliance with customer service in mind. I invented a remote release vehicle boot and boot return station business model. I have a provisional patent and my utility patent is being reviewed.
My business model is to provide a much-needed different approach to parking compliance. One that puts part of the burden on the property owner as well as the violator. Presently the towing companies only get paid by “getting” someone. Their only motivation is to sneak around in the shadows waiting to pounce on someone just barely getting out of their vehicle. My business is Green to be Seen providing easy to see parking rules, signs, vehicles, uniforms and enforcement equipment reducing violators before they violate. The remote release vehicle boot allows for people to be penalized without having their vehicle taken away or waiting for a conventional booting company to come remove the boot. This approach is proving to be better than I could have ever imagined. The City of Aurora is referring our company to businesses located along the new light rail line and the City of Arvada is recommending our service to their new parking vendor. It is a game changer.
Presently a tow company hauls someone’s car away to an impound yard in the worst part of town. Most often people had their purse or wallet in the car or maybe their phone leaving them stranded in a dark parking lot. Finding a ride to the tow yard only to have to deal with some rough around the edges tower. Most often it is the only vehicle that family has. A tow begins at $250.00 escalating $30.00 a day and forfeiture of the vehicle after 30 days. A tow can be devastating. Many times, there is a language or other barrier that prevents some from pursuing a remedy through the local authorities when they have been taken advantage of.
Booting is only performed by one company that was recently seen on the news. They service one parking lot behind VooDoo donuts where they wait for someone to make the mistake of parking in the rear parking lot. As soon as they go around the corner a booting company pops out of the shadows to boot the vehicle. Cash is the only way to have the boot released, who has $100 or more cash at midnight? I developed my business model to counter these issues.
My business provides for highly visible signs with specific parking rules spelled out on our boot return station. Our hi-viz green boots help prevent others from violating the rules unlike the unseen tow truck. When someone comes out to find their vehicle booted they call our 855-727-5487 number. They have the option to do a remote release with a credit card or have us come onsite to remove it for an additional fee of $50.00. The remote release averages 5 minutes for someone to pay and be on their way.
I started my business June 2015 and I had inquired about a Vehicle Immobilization Service License with Denver Excise and License. I was instructed to see the Parking Lot Operators License indicating to me it was only required on pay parking lots. As you can imagine my entry into the field dominated by tow companies has created some issues-I scare them. The largest towing operators are working to put me out of business. I just found out last week that my business will now be required to obtain this license. The change is so new that the license is not even on Denver’s website yet.
Don’t take me wrong I have no issue with being licensed. I do have an issue with meeting the onerous requirements of the license as presently shown in the municipal code. Limiting the price to $100.00 doesn’t consider the fact costs have risen dramatically since the code was passed. Our prices are half the price of a tow and do not go up daily. Starting at $135.00 up to $350.00 for a tractor trailer (much cheaper than the $5,000 some companies charge to tow). The requirement to have a manned 24/7 office was to ensure timely boot removal. My remote release boot should eliminate this expensive and unnecessary requirement.
The warning sticker requirement is antiquated as well since we use an easy peel sticker instead of the dreaded never get off tow sticker. Making a requirement for an 8×11 warning is unnecessary since my boots are highly visible and no one can drive more than a foot with one on. We still put a warning sticker on the driver’s window, but it is much smaller. Our sticker is bilingual as well and lists the penalties and phone number. The uniform requirement is also over the top for us considering we already wear hi-viz gear we just don’t have the writing on the back.
It seems obvious to me that this code was written to make this business model unaffordable
effectively limiting this industry to 1 company. If you consider why this code was written this way it
is a perfect example of why my business is needed. A powerful person was able to effect change
that actually affects the lower income people incapable of wielding such influence. Think of the
refreshing approach to announce the rules of the property, clearly post the rules of the property, be
easily seen patrolling the property, pro-actively reducing parking violations before they occur, and
booting someone with an easy to release boot. The vehicle remains in place, the vehicle is not
hauled away, there is no storage accumulated and no forfeiture of the vehicle. This business
model could be the biggest positive impact to the whole community, but especially the low-income
community.
It seems obvious to me that this code was written to make this business model unaffordable effectively limiting this industry to 1 company. If you consider why this code was written this way it is a perfect example of why my business is needed. A powerful person was able to effect change that actually affects the lower income people incapable of wielding such influence. Think of the refreshing approach to announce the rules of the property, clearly post the rules of the property, be easily seen patrolling the property, pro-actively reducing parking violations before they occur, and booting someone with an easy to release boot. The vehicle remains in place, the vehicle is not hauled away, there is no storage accumulated and no forfeiture of the vehicle. This business model could be the biggest positive impact to the whole community, but especially the low-income community.
In fact, our intent is to work with the local housing authorities to ensure their parking needs are met without the drastic measure of towing. We also plan to work with other low-income residents to clean up the parking while reducing the negative impact. I am writing to you in hopes of modifying the license requirements to allow my service to operate in your city. We will get licensed just to say we have the license, but we will not be able to afford to operate in the city under these requirements. My service is a benefit for your community and for your constituents. I hope that you see the benefit of making some changes to the code to allow for more competition.
ARTICLE X. – VEHICLE IMMOBILIZATION SERVICES
DIVISION 1. – GENERALLY
Sec. 55-296. – Definitions.
The following words and phrases, when used in this article, shall have the following meanings:
(1) Operator shall mean any person operating devices for immobilizing vehicles for a vehicle immobilization service.
(2) Vehicle immobilization service shall mean a person offering services anywhere in the city whereby vehicles are immobilized by installing on or attaching to such vehicle devices designed to restrict the normal movement of such vehicles or by any other means whatsoever which are designed for or adapted to that purpose.
(Code 1950, § 959.1; Ord. No. 1106-01, § 2, 12-17-01)
Cross reference— Definitions and rules of construction generally, § 1-2
Sec. 55-297. – Prohibited use of services.
Except as provided in section 54-811, it shall be unlawful for any vehicle immobilization service or its agents, servants or employees, or for any person, to immobilize a motor vehicle, by installing on or attaching to the vehicle a device designed to restrict the normal movement of such vehicle or by any other means whatsoever:
(1) When the vehicle is located on any area or portion of a public street within the city
(2) When the vehicle is located on any private road or driveway or on any other privately owned land or property within the city, unless:
- The operator or other person performing the immobilization shall conspicuously affix to such vehicle a written notice not less than eight (8) inches by eleven (11) inches in size, with letters at least one-half (½) inch in height, advising the owner, driver or person in charge of the vehicle that the vehicle is immobilized and damage may occur to the vehicle if moved, and that release from such immobilization may be obtained at a designated place; such notice shall include the name, address, and telephone number of the person who immobilized the vehicle and from whom release from such immobilization may be obtained, and the fee for such release;
- The operator or other person performing the immobilization and from whom release from immobilization may be obtained shall maintain an office readily accessible to the public by telephone or in person within the city that shall be open and manned on the premises twenty four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days per year for the purpose of releasing vehicles from immobilization;
- The fee for release from a licensed private immobilization service or operator shall not exceed the scheduled fine amount that is established by the county court pursuant to D.R.M.C. 54 795 for a violation of D.R.M.C. 54-514, Parking meter violation, per twenty-four-hour period, not to exceed a maximum amount of one-hundred dollars ($100.00) for the removal of the vehicle immobilization device or devices. The fee per twenty-four-hour period shall be all-inclusive; no additional fees may be charged;
- The person from whom release from immobilization may be obtained shall release the vehicle from immobilization and remove the warning notice and any adhesive within one (1) hour after having been contacted by the owner, driver or person in charge of the vehicle, and after receipt of payment; and
- of payment; and The person performing the immobilization and any other operator from whom release from immobilization may be obtained on site shall wear a picture ID issued by the vehicle immobilization service and a shirt, jacket, or other upper body garment issued by the vehicle immobilization service and displaying the words “PARKING CONTROL” with lettering not less than four (4) inches in height, and shall exhibit upon request a copy of the operator’s vehicle immobilization service license;
(3) When such vehicle is located within a parking lot as defined in section 55-261; or
(4) When a device or other means used for restricting the normal movement of a vehicle by a vehicle immobilization service causes any damage to such vehicle.
(Code 1950, § 959.8; Ord. No. 1106-01, § 2, 12-17-01; Ord. No. 868-05, § 1, 11-28-05; Ord. No. 610-07, § 1, 10-29-07)
Sec. 55-298. – Rules and regulations.
The director of excise and licenses may adopt and enforce reasonable rules and regulations for vehicle immobilization services, which rules and regulations shall be issued and promulgated from time to time, to provide for the health, safety and welfare of the city in relation to vehicle immobilization services and the operators, agents, servants and employees of such services. Such rules and regulations may pertain by way of example to the duties of licensees, the manner of conduct of the business and of the operators, agents, servants and employees, and reports to be furnished to the director. It shall be unlawful for any person to violate a rule or regulation adopted by the director pursuant to this section.
(Code 1950, § 959.9; Ord. No. 1106-01, § 2, 12-17-01; Ord. No. 516-15, § 29, 8-17-15)
Cross reference— Rules and regulations generally, § 2-91 et seq.
Secs. 55-299—55-310. – Reserved.
DIVISION 2. – LICENSE [12]
Sec. 55-311. – Required.
It shall be unlawful for any vehicle immobilization service to engage in business without first obtaining a vehicle immobilization service license from the director of excise and licenses.
(Ord. No. 1106-01, § 2, 12-17-01)
Sec. 55-312. – Application.
(a) All applications for licenses under this division, including renewals, shall state if the applicant is a nonresident of the city, the name and address of a local representative inside the city limits whom the applicant must have appointed and upon whom service can be had under the provisions hereof, or a summons or other process issued by court.
(b) In accepting a license under the provisions of this division, an owner or operator of or for a vehicle immobilization service agrees to notify the director of excise and licenses as to any material changes in the facts set forth in the application. Such notification shall be in writing, properly acknowledged, and filed with the director within ten (10) days of the change.
(Ord. No. 1106-01, § 2, 12-17-01)
Sec. 55-313. – Fees.
Application and license fees under this division are prescribed in section 32-124.
(Ord. No. 1106-01, § 2, 12-17-01)
Sec. 55-314. – Requirements for issuance.
Any person or entity, including the client business itself, who meets the following requirements, may obtain a vehicle immobilization license or a renewal of same:
(a) If the applicant is a person, he or she is at least 18 years of age;
(b) If the applicant is a person, he or she holds a valid Colorado driver’s license;
(c) If the applicant is a natural person, no convictions for felony offenses or for misdemeanors or ordinance offenses involving theft or violence within the ten-year period preceding the application, or if the applicant is an entity, no officer, director or person holding a ten percent or greater interest in the applicant has a conviction for a felony, misdemeanor or ordinance violation involving theft or violence within ten years preceding the application;
(d) If the applicant is a person, there are no outstanding warrants for any crime, ordinance violation, or traffic offense, or if the applicant is an entity, no officer, director or person holding a ten percent or greater interest in the entity has an outstanding warrant for any crime, ordinance violation, or traffic offense;
(e) Neither the applicant nor any of its employees or agents has committed any act or omission which is cause for denial, suspension or revocation of the license as provided in this article within one year preceding the application;
(f) The applicant completes and signs an application on forms prescribed by the director;
(g) The applicant provides a list of all businesses and locations for which the applicant intends to provide vehicle immobilization services, certifies that the signage required by section 54-419(d) is in place and has been in place at each location at least ten (10) days before immobilization begins, and during the term of the license notifies the director of any additions or changes to the list of businesses or locations for which the applicant intends to provide vehicle immobilization services within ten (10) days of the addition or change;
(h) The applicant does not have any unpaid fines, taxes, or fees due to the City and County of Denver;
(i) The application and license fees are paid, and
(j) The requirements of the article and all other governing laws, ordinances, rules and regulations have been met.
(Ord. No. 1106-01, § 2, 12-17-01; Ord. No. 233-03, § 2, 4-1-03)
Sec. 55-315. – Insurance prerequisite for issuance.
shall provide a copy of an insurance policy specifically naming the applicant and the client business as insured parties, and the City and County of Denver as an additional insured, providing liability coverage for property damage or personal injury in an amount not less than one hundred thousand dollars ($100,000.00) covering damages caused by the client business, vehicle immobilization service, or any of their employees or agents in the course of conducting vehicle immobilization services for the client business, with a term of at least 12 months covering the term of license.
(Ord. No. 1106-01, § 2, 12-17-01; Ord. No. 233-03, § 3, 4-1-03)
Sec. 55-316. – Bond prerequisite for issuance.
Before the issuance of a license under this division, the applicant shall execute to the city a bond in the amount of one thousand dollars ($1,000.00), particularly conditioned to hold the city or any individual or patron harmless from any judgment, costs or expense due to any injury, damage or casualty happening to any person or property, real or personal, direct or indirect, through or by reason of the operation of the vehicle immobilization service and the issuance of a license hereunder.
(Ord. No. 1106-01, § 2, 12-17-01)
Sec. 55-317. – Revocation or suspension.
The director of excise and licenses may suspend or revoke a license issued under this division on the following grounds: (1) That the license was procured by fraudulent conduct, false statement or nondisclosure of a material
fact;
(2) That the licensee has required a fee for release from immobilization exceeding the fee as authorized by[subsection]55-297(2)c.
(3) That the licensee has violated any of the requirements of state law, of this article, or of any of the rules and regulations as established by the director; or
(4) For other good cause shown, and in this connection, the vehicle immobilization service licensee shall be responsible for the acts of any operators and employees.
(Ord. No. 1106-01, § 2, 12-17-01; Ord. No. 610-07, § 2, 10-29-07)
Secs. 55-318—55-330. – Reserved.
Editor’s note— Ord. No. 233-03, § 1, adopted April 1, 2003, repealed section 55-318 in its entirety. Former section 55-318 pertained to a sunset provision and derived from Ord. No. 1106-01, § 2, adopted Dec. 17, 2001.
Joel Perri – President/CEO
303-903-4602 – C 855.727.5487 – O
joel@ParkItRight.net
www.ParkItRight.net
