2023 Tennessee Code › Title 55 - MOTOR AND OTHER VEHICLES (§§ 55-1-101 — 55-53-105) › Chapter 31 - MODERNIZATION OF TOWING, IMMOBILIZATION, AND OVERSIGHT NORMALIZATION (MOTION) › Section 55-31-203 - Local option

(a)
If, after the effective date of this act, a local government passes an ordinance specifically opting to be governed by this section, then the local government may permit a licensed parking lot, or a licensed parking attendant on the licensed parking lot's behalf, to boot or tow on the licensed parking lot; provided, that the ordinance complies with subsection (b).
(b)
A local ordinance passed pursuant to subsection (a) must, at a minimum:
(1)
Require the annual licensure of the commercial parking lot owner as a licensed parking lot and the issuance of a license number to the licensed parking lot;
(2)
Specify in the annual licensure pursuant to subdivision (b)(1) whether the licensure permits the licensed parking lot to boot, tow, or both boot and tow;
(3)
Require the annual licensure of any employee authorized by the licensed parking lot to boot or tow from the lot as a licensed parking attendant and issue a license number and photo identification from the local government to the licensed parking attendant;
(4)
Prohibit any person from booting or towing a motor vehicle on a licensed parking lot except by a licensed parking attendant licensed by the local government pursuant to subdivision (b)(3);
(5)
Require licensed parking attendants licensed pursuant to subdivision (b)(3) to:
(A)
Prominently display the photo identification issued by the local government on the licensed parking attendant's person at all times when the licensed parking attendant is on duty and available to boot or tow a motor vehicle located on a licensed parking lot; and
(B)
Wear a distinctive uniform identifying the licensed parking attendant as an employee of the licensed parking lot at all times when the licensed parking attendant is on duty and available to boot or tow a motor vehicle located on the licensed parking lot;
(6)
Require a licensed parking lot and licensed parking attendant to accept credit cards and debit cards as methods of payment for the removal of a vehicle immobilization device from a motor vehicle;
(7)
Require a licensed parking lot to maintain a phone number that is monitored by a natural person twenty-four (24) hours per day, seven (7) days per week;
(8)
Require a licensed parking lot to post signage in conspicuous locations on the property bearing notice:
(A)
That the parking policy for the property is strictly enforced;
(B)
That a violator's vehicle will be:
(i)
Immobilized with a vehicle immobilization device with the owner of the vehicle having to pay to have the device removed, if the licensed parking lot has been licensed by the local government to boot vehicles pursuant to subdivision (b)(2);
(ii)
Towed at the owner's expense, if the licensed parking lot has been licensed by the local government to tow vehicles pursuant to subdivision (b)(2); or
(iii)
Both, if the licensed parking lot has been licensed by the local government to boot and tow vehicles pursuant to subdivision (b)(2);
(C)
Of the name of the licensed parking lot, the licensed parking lot registration number issued by the local government pursuant to subdivision (b)(1), and the phone number required by subdivision (b)(7); and
(D)
That this chapter protects consumers from booting and towing violations and that violations may be reported to the attorney general and reporter and the phone number for the enforcement division of the local, government;
(9)
Require that the signage required by subdivision (b)(8) be no less than thirty-six inches (36") in height and twenty-four inches (24") in width and contain lettering that is no less than two inches (2") in height and be located at each designated entrance to the property where parking prohibitions are to be effective, if a dedicated entrance to the licensed parking lot exists, and be erected so as to be clearly visible from each parking space;
(10)
Require that immediately upon booting a vehicle, the licensed parking attendant must place a notice conspicuously displayed on the driver's side window of the motor vehicle immediately in front of the driver's seat indicating:
(A)
That a vehicle immobilization device has been installed on the motor vehicle and that damage could occur if the vehicle is moved without first removing the vehicle immobilization device;
(B)
The information in subdivisions (b)(8)(C) and (D);
(C)
The name, license number issued by the local government, and direct contact number for the licensed parking attendant who has booted the motor vehicle; and
(D)
The date and time that the vehicle immobilization device was installed on the motor vehicle;
(11)
Require a licensed parking lot to pay for any damage done to a motor vehicle if the notice required by subdivision (b)(10) is not posted;
(12)
Require a licensed parking lot to have a licensed parking attendant arrive at the licensed parking lot within forty-five (45) minutes of a call requesting the removal of a vehicle immobilization device and immediately remove the device upon satisfactory payment of any parking fee and vehicle immobilization device removal fee;
(13)
Prohibit a licensed parking lot from charging a vehicle immobilization device removal fee of greater than seventy-five dollars ($75.00);
(14)
Prohibit a licensed parking lot from charging any fee to remove a vehicle immobilization device to a person who had paid to park and who was improperly booted by the licensed parking lot or a licensed parking attendant;
(15)
Provide for the revocation of any license issued pursuant to the ordinance for violations of the ordinance or this chapter; and
(16)
Require that all active parking rates must be available online and provided to consumers digitally at the licensed parking lot.
(c)
This section does not prohibit a local government from passing an ordinance with requirements that are stricter than the minimum requirements in subsection (b).
(d)
This section does not prohibit a local government from booting a motor vehicle that is located on public property; provided, that if the local government boots a motor vehicle on public property, then the local government must immediately, upon booting the motor vehicle, place a notice conspicuously displayed on the driver's side window of the motor vehicle immediately in front of the driver's seat indicating:
(1)
That a vehicle immobilization device has been installed on the motor vehicle and that damage could occur if the vehicle is moved without first removing the vehicle immobilization device;
(2)
The name of the local government official who booted the motor vehicle;
(3)
The date and time the motor vehicle was booted; and
(4)
The contact number the owner of the motor vehicle must call to have the vehicle immobilization device removed from the vehicle.
Added by 2024 Tenn. Acts, ch. 1017,s 4, eff. 7/1/2024.