Moncton proposes new rules for 'booting' cars in parking lots

Monctonis proposing a series of new rules that will clamp down on companies that use wheel-lock devices on vehicles for parking violations.

The Vehicle Immobilization bylawwas unveiled at city council on Monday night to regulate the wheel-clamping practice, which is commonly known as booting. The proposed legislation has cleared first reading at council.

Nick Robichaud, the general manager of legal and legislative services,saidthe city has wanted to deal with wheel-clamping controversy for awhile but that its hands were tied under the old provincial Municipalities Act.

Robichaud saidthe new Local Governance Act that came into effect on Jan.1 allows the city to regulate the booting industry. Moncton had to balance the rights of parking lot owners with those of the public, he added.

Booting fees run as high as $180 in Moncton but if the proposed bylaw passes,Robichaudsaid maximum booting fees would be capped at $45.

The official said some clients have been forced to pay cash to free their vehicles or wait an hour for the device to be removed. Operators would be subject to time limits if councilapproves the bylaw, said Robichaud.

"The employee who has been designated to remove the device needs to be at that parking lot either on site or available within 30 minutes of receiving a phone call to come and remove the device."

Companies would also have to permit people to pay with cash, debit or credit, said the official.

Companies that apply the boot would have additional rules to followincluding a $100 annual licensing fee, record-keeping for all immobilized vehicles and mandatory criminal background checks for employees.

Robichaud saidthe city would have the right to cancel or revoke company licences if the rules are not followed.

Moncton is also looking at improving signage in parking lots.

A blight on the city

Mayor Dawn Arnold said the changes are long overdue.

"I've been quoted as calling it a blight on our city,"said the mayor.

"So I'm very pleased that we've been able to pass ... the first reading of the by-law."

Arnold said the booting scene was previously "a bit of the wild west" but that the city couldn't do much prior to the provincial changes.

"We have tourists that come in from all over the place and it really leaves a bad taste in people's mouths." she said.

The bylaw is scheduled for second and third reading at the May 22city council meeting.

The city said there would be a grace period to allow companies to get licensedand improve signage in parking lots.