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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
motor vehicle booting; fees; regulation
Purpose
Prohibits a city or town from adopting any law, ordinance or other regulation that prohibits booting a motor vehicle located on private property. Prescribes motor vehicle booting regulations, including capped rates, notice by private property owners and motor vehicle release procedures.
Background
The governing body of an incorporated city or town may regulate the maximum rate and charge for towing, transporting or impounding a motor vehicle from private property without the permission of the owner or operator of the vehicle by any private towing carriers doing business within its boundaries. A private towing carrier is subject to the maximum rate and charge regulation prescribed by the city or town for all such towing, transporting or impounding services if the vehicle being towed or transported is towed from private property located within the boundaries of the city or town.
The owner or agent of the owner of the private property must be deemed to have given consent to unrestricted parking by the general public in any parking area of the private property unless such parking area is posted with signs as prescribed by statute which are clearly visible and readable from any point within the parking area and at each entrance. Such signs must contain, at a minimum, the following: 1) restrictions on parking; 2) the disposition of vehicles found in violation of the parking restrictions; 3) the maximum cost to the violator, including storage fees and any other charges that could result from the disposition of a vehicle parked in violation of parking restrictions; and 4) a telephone number and address where the violator can locate the violator's vehicle.
It is unlawful for a private towing carrier to tow or transport a motor vehicle from private property without the permission of the owner or operator of the motor vehicle unless such private towing carrier receives a request from a law enforcement agency or the express written permission from the owner or the owner's agent of the property that has complied with the statutory requirements. The owner or the owner's agent must either sign each towing order or authorize the tow by a written contract which is valid for a specific length of time. The private towing carrier may not act as the agent of the owner. A person who commits the unlawful act is guilty of a class 2 misdemeanor (A.R.S. § 9-499.05).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a city or town from adopting any law, ordinance or other regulation that prohibits booting a motor vehicle that is located on private property without the permission of the owner or operator of the motor vehicle.
2. Allows a city or town to adopt a law, ordinance or other regulation that regulates the rates that a motor vehicle booting service may charge that are consistent with statute.
3. Allows a city or town to adopt signage requirements and booted motor vehicle release practices that are consistent with statute if the motor vehicle that is subject to booting is located on private property within the boundaries of the city or town.
4. Deems the owner or owner's agent of the private property as having given consent to unrestricted parking by the general public in any parking area of the private property unless the parking area is posted with signs in accordance with statute that are clearly visible and readable from any point within the parking area and at each entrance.
5. Requires the sign to contain, at a minimum, the following:
a) restrictions on parking;
b) the disposition of motor vehicles found in violation of the parking restrictions;
c) the maximum cost to the owner or operator of the motor vehicle for removal of the booting service; and
d) a telephone number and address for the vehicle booting service for assistance with boot removal.
6. Allows a motor vehicle booting service to boot a motor vehicle on private property if the motor vehicle booting service:
a) receives a request from a law enforcement agency or has obtained the written permission from the owner or the owner's agent of the private property that complies with statute; and
b) does not act as the owner's agent of the private property except to the extent requirement to collect unpaid parking fees.
7. Requires a motor vehicle booting service to release a booted motor vehicle within 30 minutes after receiving a request for the motor vehicle's release.
8. Requires a motor vehicle booting service to have the ability to release a booted motor vehicle 24 hours a day, 7 days a week.
9. Requires all charges for the booting of the motor vehicle and all unpaid parking fees to be paid before the release of the booted motor vehicle.
10. Allows a motor vehicle booting service to charge at least $90 but no more than $150 for booting a motor vehicle.
11. Requires the statutory motor vehicle booting fees to automatically be adjusted every three years based on the consumer price index as published by the U.S. Department of Labor, Bureau of Labor Statistics.
12. Prohibits a motor vehicle booting service from charging an additional fee for the use of a credit card to pay booting fees and unpaid parking fees.
13. Requires the motor vehicle booting service to reduce the motor vehicle booting fee by 50 percent if it releases a vehicle after 30 minutes but before 60 minutes of receiving a request to release.
14. Prohibits the motor vehicle booting service from charging a fee for the release of a motor vehicle if it releases the booted vehicle after 60 minutes of receiving a request to release.
15. Allows a motor vehicle booting service to charge only one fee for booting a combination of motor vehicles.
16. Allows a motor vehicle booting service to charge an additional fee for booting a trailer or other vehicle that is separated from the motor vehicle that is a trailer's or other vehicle's method of transportation.
17. States that a motor vehicle that has been booted with a booting device that can be removed by the owner or operator of the motor vehicle on the payment of fees and unpaid parking fees will be deemed released to the owner or operator once the owner or operator has been provided the ability to remove the booting device.
18. Allows the motor vehicle's owner or operator to be subject to additional fees of no more than $250 if the owner or operator of the motor vehicle:
a) intentionally damages a booting device; or
b) does not return a booting device to the motor vehicle booting service or to a clearly designated area on-site at the motor vehicle booting service storage area.
19. Prohibits a motor vehicle booting service from booting any of the following:
a) a motor vehicle that is displaying a tax-exempt license plate;
b) a marked emergency motor vehicle;
c) a motor vehicle with an occupant; or
d) a motor vehicle that remains parked for less than 15 minutes after the paid parking period that is applicable to that motor vehicle expires.
20. Requires a motor vehicle booting service to maintain a time-stamp method of recording calls that request the release of a booted motor vehicle.
21. Requires the motor vehicle booting service to maintain the call record for a minimum of 90 days.
22. Requires the motor vehicle booting service to make available to the city or town at no charge the recording of a call within five days after receiving a request from the city or town.
23. Classifies a violation of the motor vehicle booting service requirements as a class 2 misdemeanor.
24. Applies the motor vehicle booting regulations only to services performed while a person is engaged in the activities of a motor vehicle booting service.
25. States that the motor vehicle booting regulations do not apply to abandoned or junk vehicles that are disposed in accordance with statute.
26. Defines boot or booting as immobilizing a motor vehicle by the use of a mechanical device that is attached to the tire or wheel or other part of the motor vehicle.
27. Defines motor vehicle booting service as any person that commercially offers boot or booting services of a motor vehicle that is located on private property without the permission of the owner or operator of the motor vehicle.
28. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Makes technical changes.
Senate Action
RAGE 2/11/26 DPA 7-0-0
Prepared by Senate Research
February 12, 2026
JT/ci