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REFERENCE TITLE: motor vehicle booting; fees; regulation |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1205 |
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Introduced by Senator Kavanagh
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AN ACT
amending title 9, chapter 4, article 8, arizona revised statutes, by adding section 9-500.54; relating to municipal regulations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 8, Arizona Revised Statutes, is amended by adding section 9-500.54, to read:
9-500.54. Motor vehicle booting; regulation; notice; restrictions; fees; violation; classification; definitions
A. a city or town may not adopt 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.
B. a city or town may adopt a law, ordinance or other regulation that regulates the rates that a motor vehicle booting service may charge that are consistent with subsection F of this section. The city or town may adopt signage requirements and booted motor vehicle release practices that are consistent with subsections C and E of this section if the motor vehicle that is subject to booting is located on private property within the boundaries of the city or town.
C. The owner or agent of the owner of the private property is deemed to have 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 as prescribed by this subsection that are clearly visible and readable from any point within the parking area and at each entrance. the sign must contain, at a minimum, the following:
1. Restrictions on parking.
2. Disposition of motor vehicles found in violation of the parking restrictions.
3. the Maximum cost to the owner or operator of the motor vehicle for removal of the booting device.
4. a Telephone number and address for the vehicle booting service for ASSISTANCE with boot removal.
D. A motor vehicle booting service may boot a motor vehicle on private property if both of the following apply:
1. The motor vehicle booting service receives a request from a law enforcement agency or has obtained the written permission from the owner or the agent of the owner of the private property that complies with subsection C of this section.
2. The motor vehicle booting service does not act as the agent of the owner Of the private property except to the extent required to collect unpaid parking fees.
E. A motor vehicle booting service shall release a booted motor vehicle within thirty minutes after receiving a request for the motor vehicle's release. A motor vehicle booting service shall have the ability to release a booted motor vehicle twenty-four hours a day, seven days a week. All charges for the booting of the motor VEHICLE and all unpaid parking fees must be paid before the release of the booted motor vehicle.
F. A motor vehicle booting service may charge at least $90 but not more than $150 for booting a motor vehicle. The statutory motor vehicle booting service fees for booting a motor vehicle must automatically be adjusted every three years based on the consumer price index as published by the united states department of labor, bureau of labor statistics. A motor vehicle booting SERVICE may not charge an additional fee for the use of a credit card to pay booting fees and unpaid parking fees. If a motor vehicle booting service releases a booted motor vehicle after thirty minutes but before sixty minutes of receiving a request to release the motor vehicle, the motor vehicle booting service shall reduce the motor vehicle booting fee by fifty percent. If a motor vehicle booting service releases a booted vehicle after sixty minutes of receiving a request to release the motor vehicle, the motor vehicle booting service may not charge a fee for the release of the motor vehicle. A motor vehicle booting service may charge only one fee for booting a combination of motor vehicles. A motor vehicle booting service may charge an additional fee for booting a trailer or other vehicle that is separated from the motor vehicle that is the trailer or other vehicle's method of transportation. 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 booting fees and unpaid parking fees will be deemed released to the motor vehicle's owner or operator once the motor vehicle's owner or operator has been provided the ability to remove the booting device.
G. If the owner or operator of a motor vehicle intentionally damages a booting device or 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, the motor vehicle's owner or operator may be subject to an additional fee of not more than $250.
H. A motor vehicle booting service may not boot any of the following:
1. A motor vehicle that is displaying a tax-exempt license plate.
2. A marked emergency motor vehicle.
3. A motor vehicle with an occupant.
4. A motor vehicle that remains parked for less than fifteen minutes after the paid parking period that is applicable to that motor VEHICLE expires.
I. A motor vehicle booting service shall maintain a time-stamp method of recording calls that request the release of a booted motor vehicle. the motor vehicle booting service shall maintain The call records for a minimum of ninety days. The motor vehicle booting service shall 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.
J. A person that violates subsection D, e, F, G or H of this section is guilty of a class 2 misdemeanor.
K. This section applies only to services performed while a person is engaged in the activities of a motor vehicle booting service.
L. this section does not apply to abandoned or junk vehicles disposed of pursuant to title 28, chapter 11.
M. For the purposes of this section:
1. "Boot" or "Booting" means to immobilize 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.
2. "motor vehicle booting Service" means 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.