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HomeMy WebLinkAboutORDINANCE NO. 1173 VEHICLE IMMOBILIZATION ON PRIVATE PROPERTYInstrument # 412307 REXBURG, MADISON, IDAHO 9-25-2017 03:41:41 PM No. of Pages: 12 Recorded for: CITY OF REXBURG KIM H. MUIR Fee: 0.0 Ex -Officio Recorder Deputy Nti%xUp o TY V k REXBURG A.cr ,s Family Ca .... wity BILL NO. 1173 VEHICLE IMMOBILIZATION ON PRIVATE PROPERTY AN ORDINANCE OF THE CITY OF REXBURG, MADISON COUNTY, IDAHO, FORMALLY CALLED "THE TOWING AND PARKING ENFORCEMENT ORDINANCE'; REPEALING ORDINANCE 911 AS IT RELATES TO BOOTING; PROVIDING SPECIFICALLY FOR ACTIONS UPON PRIVATE PROPERTY ASSOCIATED WITH MULTI -FAMILY RESIDENTIAL LOTS; PROVIDING FOR CIVIL ACTION FOR FAILURE TO COMPLY WITH ANY PROVISIONS OF THIS ORDINANCE AND SETTING FORTH A VIOLATION OF THIS ORDINANCE CONSTITUTES AN INFRACTION; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURG IDAHO: SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION VIII SECTION IX SECTION X SECTION XI SECTION XII PURPOSE; SCOPE DEFINITIONS LICENSE REQUIRED; PROHIBITED ACTS APPLICATION LICENSE FEE LICENSE-SUSPENSION/REVOCATION/ REFUSAL TO ISSUE TERM OF LICENSE EXHIBITION OF LICENSE CONDITIONS PENALTY REPEAL SEVERABILITY SECTION I: PURPOSE; SCOPE A. The purpose of this Ordinance shall be the protection of the health, safety and welfare of the citizens of Rexburg and their vehicles by imposing reasonable regulations on the use of vehicle immobilization operations within the City limits upon public and private parking facilities. B. This Ordinance shall not apply to: Any property owner who immobilizes unauthorized vehicles and does not require any remuneration, monetary or otherwise, for the removal of the immobilization device. 2. The temporary and necessary actions that may be taken by the State, County, or City authorities for the emergency needs of the community; 1 3. The removal of unlicensed or abandoned vehicles from a street, highway, public or private property in compliance with law; or, 4. Any private property owner from having an unauthorized vehicle removed by a towing service in compliance with law. SECTION II: DEFINITIONS A. "Enforcement Authority" shall mean either the Rexburg City Clerk's office. The Enforcement Authority shall have the authority to enforce all provisions of this ordinance including the issuance of Uniform Criminal citations for violations of any provision of this ordinance. The Enforcement Authority shall also have the ability to enforce this ordinance by suspension or revocation as allowed by the Rexburg City Code. B. "Licensing Authority" shall mean either the Rexburg City Clerk's office or Rexburg City Parking Services. The Licensing Authority shall have the final approval over all of the application requirements for the issuance of the license. C. "Parking Facility" shall mean either land, lot with designated parking spaces, structure or mechanism for the temporary use of vehicles with the consent of the owner of the facility and the owner or agent of the owner of the vehicle, where the consent of the owner is manifested by conditions contained in the signage required by this ordinance and the consent of the owner or agent of the owner of the vehicle manifested by the presence of the vehicle in the facility. Add more fees if non- compliant. D. "Private Parking Facility" shall mean a parking facility owned by a private party, entity or organization or managed by a party other than a city, county or agency of the United States. E. "Public Parking Facility" shall mean a parking facility owned and managed by employees or agents of a city, county or agency of the United States. "Vehicle" shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, whether or not operational, excepting devices used exclusively upon stationary rails or tracks. G. "Vehicle immobilization" shall mean the incapacitating, or immobilizing of any vehicle, whether motorized or not, without the permission of the owner or agent of the owner of the vehicle by the use of any device, wheel clamp, object, barrel, "car boot", mechanism, or method either attached to the vehicle or not, by the owner or agent of the property upon which the vehicle is parked, that does not allow the owner of the vehicle, or his or her authorized agent, to freely move the vehicle from the place where it is immobilized. SECTION III: LICENSE REQUIRED; PROHIBITED ACTS It shall be unlawful for any person, individual, corporation or agent or employee of such to: A. Engage in vehicle immobilization at a private parking facility within the corporate limits of Rexburg City without having first obtained a vehicle immobilization license or agent photo identification card; B. Immobilize a vehicle of another person for breach of condition not stated in the signage required by this ordinance; C. Charge a fee for release of an immobilized vehicle in excess of the fee stated in the signage required by this ordinance; or, D. Use any device, object, barrel, "car boot", mechanism, or method that injures or damages the vehicle when installed, removed or while the owner or agent of the owner of the vehicle does not move the vehicle. E. Engage in vehicle immobilization at a parking facility that is not registered with the Licensing Authority. F. Be out of compliance with any current Department of Transportation rules and regulations for tow truck operators G. Violate any provision of this act. SECTION IV: APPLICATION All applicants for a Vehicle Immobilization license under this Ordinance must file with the City Clerk an application furnished by the City Clerk. The applicant shall furnish along with any other reasonable request of the Clerk the following information: A. Name or Trade Name, address, and telephone number of the licensee's permanent and fixed place of business. A permanent or fixed place of business shall be a physical location, building, office or similar, and must have a street address and shall not be a post office box or drop box. B. Name, address, and telephone numbers of all employees and owners of the licensee's business. C. Name, address, and telephone number of designated agent for service of process. D. Telephone number of 24-hour access number for complaints that must have a person respond to the phone call/complaint within 12 hours of receipt. E. Description of identifying uniform or insignia to be wom by all employees who engage in the booting of vehicles. F. Name, address, and telephone number of insurance carrier for the business. Insurance shall be carried at all times during the licensing period in the amount of $50,000 per claim and the vehicle immobilization license shall be canceled upon notice of lapse in insurance. A copy of such insurance policy or a certification from the insurer as to duration, kind and extent of insurance, shall be kept on file with the Licensing Authority. The licensee or his insurance agent shall notify the City of Rexburg of any termination or change of policy. Failure to do so shall be grounds for suspension or revocation of any business license issued under this ordinance. G. Competent evidence that the towing company stores towed motor vehicles in a secure fenced area, enclosed yard, or building within the City limits, unless otherwise required by the State of Idaho, or approved in advance by Licensing Authority. H. Current fee schedule charged for the release of all vehicles immobilized. Copy of the notice that will be attached to vehicles pursuant to this Ordinance. Description of vehicles used to respond to calls for service and identifying logos on vehicle. All vehicles shall have identifying logos and lettering that shall be visible on both sides of the vehicle of at least three (3) inches in height and be reflective for visibility at night. -Lettering shall be of a contrasting color to the primary vehicle color to provide greater visibility. The Licensing Authority must approve the identification package for the vehicles used for this service. K. Identification of all private parking facilities and their owner's names and addresses serviced by applicant. L. A site plan maintained by the private property owner, approved by the Licensing Authority, of the parking facility identifying the locations of all signage required by this ordinance. The licensing Authority shall have the ability to require the private property owner to provide additional signage at the City's sole discretion, to provide adequate notice. At minimum, signs shall be placed at all entrances and exits unless approved by the Licensing Authority for a different or additional location. M. Any license in existence at the time of the enactment of this ordinance shall be valid through the end of the current period. A new application must be submitted for the next licensing period pursuant to the requirements of the most current ordinance. N. A statement disclosing whether any person listed in the application has ever been convicted of a felony or misdemeanor, and if so, the nature of the offense, and where and when it was committed. A license may be denied for any information in a criminal history that would threaten the health, welfare or safety of the public. O. Provide competent evidence that all business operations have been conducted in a fair, equitable and lawful manner. Each application for a license hereunder shall be referred to the Chief of Police who may investigate to determine compliance with the requirements set forth in the Rexburg City Ordinances. Q. Background checks may be conducted on all employees of the entity desiring to obtain a license under this section. R. If a background check discloses a criminal history, or any current conduct that would threaten the health, welfare or safety of the public, a license may be denied or revoked by the Chief of Police. Any person aggrieved by a decision of the Chief of Police may appeal such decision to the Rexburg City Council. SECTION V: LICENSE FEE There shall be accompanied with a completed application for Vehicle Immobilization license an agent photo identification card for each agent of the licensee that will be performing immobilization of vehicles and a non-refundable administration fee in an amount established by the Rexburg City Council and listed on the most current City Clerk License Fee Schedule: A. The fee shall be assessed in consideration of the expense incurred by the City to conduct required background checks prior to issuing a license and in recognition of costs incurred by the police department in responding to incidents involving towing and parking enforcement companies. B. The license shall be for the business or individual that requests said license. The license allows the licensee and all of its actual employees to engage in the business of vehicle immobilization provided they are registered and in possession of a current form of ID. El C. A Vehicle immobilization license is not transferable or assignable. D. Upon the filing of an application of a vehicle immobilization license, and tendering the fee for the processing of an application, the City Clerk shall cause to be determined if the applicant has satisfied all conditions and qualifications as hereinafter set out for the issuance of said license. E. The City Clerk shall, within thirty (30) days of the application, approve or deny the application based on findings concerning applicant's compliance with the conditions of this Ordinance. F. The City Clerk may, at any time, require additional information of an applicant or licensee to clarify items on the application. SECTION VI: LICENSE-SUSPENSION/REVOCATION/REFUSAL TO ISSUE The Licensing Authority shall refuse to approve issuance or revoke a Vehicle Immobilization license for failure to maintain any condition of this Ordinance, including one or more of the following reasons: A. The making of any false statement as to a material matter in an application for a license, or license renewal, or in a hearing concerning the license. B. Violation by the licensee, applicant, or an employee of licensee or applicant of any provision of this Ordinance. C. Revocation of a Vehicle Immobilization license of the applicant or licensee, within Thirty-six (36) months preceding the application. D. Use by the licensee of a name or trade name for his vehicle immobilization company other than the one registered with the City Clerk. E. Suspension of the vehicle immobilization license two (2) times within thirty-six (36) months. F. The Licensing or Enforcement Authority at any time may seek review by the City Hearing Examiner for suspension or revocation of the license for repeated violation(s) of this ordinance. Revocation or suspension shall be conducted pursuant to Rexburg City Code. SECTION VII: TERM OF LICENSE The fee for a business entity desiring to provide towing services and/or parking enforcement services within the City of Rexburg shall be two hundred and fifty dollars ($250) for the initial year and fifty dollars ($50) per year for renewals. Each license issued under this ordinance shall be for one (1) calendar year expiring on December 31 st of each year. Each renewal for license shall be considered an application for a new license with satisfaction of all conditions and qualifications under this Ordinance. The fee for the issuance of a lost, destroyed or mutilated license shall be ($5.00) dollars. SECTION VIII: EXHIBITION OF LICENSE Each Vehicle Immobilization license or agent photo identification card shall be carried and visibly displayed by the licensee and their employees or agents when engaged in vehicle immobilization at a private parking facility and shall be presented by the licensee, employee, or agent upon contact with any person. License may not be covered or obscured by any article of clothing. SECTION IX: CONDITIONS Each licensee or employee or agent of the licensee under this ordinance shall observe all the Following (where applicable, shall rely on property owner representations.): A. All of the following conditions must be met: 1. Visitor Parking: Properties with less than 10 on-site parking spaces shall not be required to provide visitor parking. Properties with 10 or more on-site parking spaces must provide visitor parking according to City of Rexburg current regulations. 2. Visitor parking stall(s) must be conveniently located. 3. Tenants using Visitor parking: Tenants will not be allowed to park in visitor parking except during the following times: From 12:01 a.m. until 10:00 a.m. Sunday thru Friday and from 1:00 a.m. until 10:00 a.m. Saturday for student housing complexes. Non -student complexes may set convenient visiting hours, but shall be available at least between the hours of 1:00 p.m. and 12:00 midnight daily. 4. One of the two following signage requirements must be used for visitor parking: Visitor parking areas must have adequate and visible signage and text. Signs must be at least 12" x 18" and include the words "Visitor Parking Only" during ** A.M. to ** P.M.", and "All others may be booted and/or towed" ii. Visitor parking areas that also allow permit parking during certain times, must have adequate and visible signage and text. Signs must be at least 12" x 18" and include the words "Visitor Parking Only" during ** A.M. to ** P.M." and "Permit Parking only during ** A.M. to ** P.M." and "All others may be booted and/or towed" 5. Parking Permits: Properties may only issue parking permits equal to the number of available spaces (on and/or off-site parking). 6. Offsite parking: There shall be no limit to offsite parking. There shall be no restriction on distance from the residential complex to the offsite parking for residential complexes legally existing on the effective date of this ordinance. There shall be no required visitor parking for areas designated as off-site parking. B. Owners of multi -unit residential private property may, to the extent authorized by this section, boot or tow away any unauthorized vehicle on their premises. An unauthorized vehicle is any vehicle that is parked or stopped, in violation of any private property parking regulations which govern parking for authorized tenants and visitors and which restricts parking in loading zones, handicapped zones, fire lanes, and no parking zones only. C. It shall be unlawful for any person, firm or corporation to boot or tow away any motor vehicle on any authority other than by a licensed individual authorized in writing by the Parking Facilities owners or by the direct request of the owner, authorized agent of the owner, or a Rexburg City Police officer present at the location from which the motor vehicle is to be removed. The towing of any vehicle shall be reported to the Rexburg City Police or the Madison County Dispatcher within one half hour thereof, using the current published non- emergency telephone number of the police department or dispatch. The report shall include: 1. The make and license number of the motor vehicle being impounded or towed 2. The name of the person, firm or corporation impounding or towing 3. The date and time the vehicle was towed 4. The location from which the motor vehicle was taken 5. The location where the subject motor vehicle will be kept and the twenty-four (24) hour phone number which an owner can call to arrange for release of the vehicle. D. Booting records shall be kept of all booting instances and made available on at least a weekly basis to the owner of the parking facility. These records shall include: The make and license number of the motor vehicle being booted 2. The date and time the boot was placed on the vehicle Pictures of the vehicle showing the parking violation and/or the absence of proper parking permits on the vehicle 4. The time of the removal of the boot Any fees collected by the boot removal E. Any towing or parking enforcement company desiring to operate within the City of Rexburg under the provisions of this section shall: Obtain a business license pursuant to the requirements of this Ordinance. 2. Register its business name, address, telephone number, and fee schedules with the Rexburg Police Department. In the event of a change in business name, address, telephone number, or fee schedules, such company shall register such information with the Rexburg Police Department and City offices within ten (10) days. It shall be unlawful for any towing or parking enforcement company to operate within the City of Rexburg without obtaining the required business license and providing the information required herein to the Rexburg Police Department. No person shall have the right to boot or tow a motor vehicle from a private parking lot having four (4) or more parking spaces, other than a vehicle which has been continuously parked in such a lot for more than seventy-two (72) hours, unless a conspicuous sign posted on, or immediately adjacent to, the property provides notice that vehicles will be booted or towed from the parking lot if not authorized to be parked in the parking lot. Such signs shall: 1. Be at least eighteen inches (18") by twenty-four inches (24") in size for primary signs and allowing for secondary signs to be twelve inches (12") by eighteen inches (18"); 2. Give adequate warning, in large lettering, that improperly parked vehicles will be booted or towed; 3. Provide sufficient information to assist vehicle owners in the prompt recovery of any vehicle booted or towed; 4. Give the name, telephone number and location of the firm(s) authorized to boot or tow vehicles; 5. Be posted within five (5) feet, of each entrance to a parking lot, or as otherwise approved by the Enforcement Authority in writing. For purposes of this subsection, a parking lot entrance shall mean any access allowing the entrance or exit of a vehicle between a private parking lot and a city street unless such access is not the property of the parking lot owner. In such case, the parking lot entrance shall mean: a. the intersection of the parking lot property line and the property line of the access point, or b. any privately owned road connected to a public right-of-way leading to the entrance of a parking lot located on private property. ii. A sign posted directly over a driveway leading to an underground lot shall be deemed to meet the location requirements of this subsection. iii. If signs cannot be posted within 5 feet from the entrance to a parking lot for reasons of practical difficulty (such as the necessity of drilling a hole through concrete, removing a tree or shrubs, or because of an immediately adjacent private driveway not owned by the owner of the parking lot), a sign may be placed as close as reasonably practicable to the parking lot entrance as approved by the Enforcement Authority in writing. However, no sign shall be further than 30 feet from the edge of the curb that borders the private property. G. Any person acting to remove or otherwise disturb any motor vehicle parked, stalled or otherwise left on privately owned or controlled property, and any person owning or controlling such private property, or either of them, shall be liable to the owner, operator or driver of a motor vehicle, or each of them, for consequential and incidental damages arising from any interference with the ownership or use of such motor vehicle which does not comply with the requirements of this section. H. Before acting: Before booting or towing a vehicle located on private property a parking enforcement or towing company shall: Post a copy of a schedule of fees in a prominent place at the business location where vehicles are released from storage. Upon request, the company shall show a current copy of fee schedule to a person whose vehicle is being towed or booted. ii. Maintain personnel authorized to release any vehicle to its owner twenty-four (24) hours each day. A vehicle shall be released within fifteen (15) minutes of receipt of payment during regular business hours, or within sixty (60) minutes of initially contacting the towing or parking enforcement personnel after business hours and payment being made of any required fees authorized by this section. III. If any vehicle booted or towed pursuant to this section remains unclaimed after forty-eight hours, the towing or parking enforcement personnel shall follow all applicable State regulations with respect to such vehicle. a. No storage fees shall begin to accrue for the first twenty-four (24) hours after a vehicle is towed pursuant to this section. 2. Failure to comply with any of the provisions of this subsection with regard to any particular vehicle shall waive the lien on such vehicle insofar as the failure resulted in additional fees, and shall be grounds for the suspension or revocation of the license of any parking enforcement or towing company. Any parking enforcement company booting a motor vehicle pursuant to this section shall release such vehicle to its owner or authorized agent immediately upon payment sufficient to cover actual costs incurred in booting, storing or providing other services rendered as the result of booting the vehicle as provided in this section or upon request of law enforcement having determined the existence of a disputed claim. In the event the release is directed by law enforcement, adequate identification information will be obtained from the vehicle's owner and will be given to the parking enforcement company, In addition to facilitating the exchange of identifying information, law enforcement will include within their official parking dispute report, the time the boot was instigated by the parking enforcement company, the location and distance of the vehicle from the closest parking signs, the text displayed on the nearest parking signs and on the sign, if any, posted near the entrances of the parking lot, and whether or not there is a parking permit on the vehicle permitting the vehicle to be parked at its current location at the time the violation was identified. Law enforcement may be called as a witness to testify if the dispute goes to court and additional civil costs may be assessed to the parking violator if he or she is found qty. The parking enforcement company shall accept payment offered in cash and/or debit/credit card, and be willing to wait up to 15 minutes while payment is retrieved; however, the parking enforcement company shall not be obligated to accept checks or payment in coins and shall maintain sufficient cash on hand to make change of up to forty dollars ($40.00). 2. Every parking enforcement company providing services pursuant to this section shall post in a conspicuous place upon its business premises a true copy of this section. J. Any devices used in the immobilization of any vehicle shall be in safe and proper working condition. K. All business operations have been conducted in a fair, equitable and lawful manner; L. 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. M. 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 vehicle. The notice shall contain the following information: I . Name and telephone number of company or person to contact for the release of the vehicle. 2. Cost of release of the vehicle plus any additional fees incurred due to lack of prompt payment. 3. Acceptable forms of payment for the release of the vehicle. 4. Time and reason vehicle immobilized. N. All vehicle immobilization 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 licensees, employees or agents of the licensee may exceed the 30 -minute response requirement if they are actively engaged in the release of another vehicle. It shall be an affirmative defense for the licensees, 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. O. All licensees, employees or agents of the licensee that immobilize vehicles or collect any money to remove the immobilization device shall wear their photo identification card and display it immediately upon contact with the citizen. All vehicles used by licensee shall have reflective or lighted signs as required by Rexburg City Ordinance. Vehicle signage shall include the Parking Enforcement business name, and telephone number. P. All tow trucks and parking enforcement vehicles must be operated by personnel carrying a valid Idaho driver's license which authorizes operation of a tow truck. Parking enforcement companies which do not provide towing services shall be operated by personnel carrying a valid Idaho driver's license and a company 10 identification card identifying the driver as an employee of the parking enforcement company; Q. All signs must be readable and unobstructed. R. No licensee or employee or agent of the licensee can collect a fee for the immobilization of any vehicle if they do not have a functioning video camera recording the entire interaction beginning with the inspection of permit and ending with the collection of the fee. These videos shall be made available from the licensee upon request from the owner of the Parking Facility, the police, or the owner of the Parking Facility. These videos must be retained for 14 days, or once a request has been submitted in writing. S. No vehicle parked in a fire lane may be immobilized. These vehicles must be towed in accordance with State law. T. No attended vehicle may be immobilized without first requesting the occupant remove the vehicle, if practical. U. A vehicle may be towed if violator withholds payment after contacting the booting company. V. All parking spaces shall be visibly striped. No striping is required if the property prohibits the parking of visitor cars at any time. W. No delivery vehicle, in service, may be immobilized. X. Vehicles that are obstructing the safe travel in a parking facility and not in a marked space may not be immobilized. These vehicles must be towed in accordance with State law. Y. All other signs allowing alternate uses of the same parking facilities must be of different color, appearance and physically placed separately and apart from the signage required by this ordinance to avoid confusion. Z. Removal of immobilization device and/or release of car from tow truck must be provided if instructed by owner or owner agent/manager without cost if violator is found to have a permit or permission to park in designated area. SECTION X: PENALTY A. Any person, individual, corporation who shall violate any of the provisions of this Ordinance shall be guilty of an infraction and upon conviction shall be punished by a fine of One hundred dollars ($100.00). Each incident of violation shall be a separate offense and punishable as herein above described. B. Anyone who tampers, destroys, removes, damages, or incapacitates the "boot" or similar immobilization device, shall be guilty of the above penalty and may incur legal fees in addition to the cost of repairing the damage done to the immobilization device. SECTION XI: REPEAL All ordinances and parts of ordinance in conflict with this ordinance are hereby repealed. SECTION XII: SEVERABILITY The provisions of this ordinance are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, or unconstitutional or inapplicable 11 to any person or circumstance, such illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this ordinance or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this ordinance would have been adopted if such illegal, invalid or unconstitutional provision, clause sentence, subsection, word, or part had not been included therein, and if such person or circumstance to which the ordinance or part thereof is held inapplicable had been specifically exempt therefrom. Effective Date: September 20, 2017 PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR THIS THE 201h DAY OF SEPTEMBER, 2017. d Merrill',/ ay ATTEST: D. Kay, City Clerk State : ss County of Madison ) I, Blair D. Kay, City Clerk of the City of Rexburg, Idaho, do hereby certify that the above and foregoing is a full, true and correct copy of the Ordinance entitled: AN ORDINANCE OF THE CITY OF REXBURG, MADISON COUNTY, IDAHO, FORMALLY CALLED "THE TOWING AND PARKING ENFORCEMENT ORDINANCE"; REPEALING ORDINANCE 911; PROVIDING SPECIFICALLY FOR ACTIONS UPON PRIVATE PROPERTY ASSOCIATED WITH MULTI -FAMILY RESIDENTIAL LOTS; PROVIDING FOR CIVIL ACTION FOR FAILURE TO COMPLY WITH ANY PROVISIONS OF THIS ORDINANCE AND SETTING FORTH A VIOLATION OF THIS ORDINANCE CONSTITUTES AN INFRACTION; AND PROVIDING AN EFFECTIVE DATE HEREOF. Effective Date: September 20, 2017. Passed by the City Council and approved by the Mayor this the 201h day of Septembex, 2017. Blau D. Kay, City OV-PORAl fVa