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THE DENVER
BOOT
 Many associations have asked about using an immobilizing boot (also known as a
“Denver Boot”) for parking violations. Unfortunately, the use of boot devices is
not addressed in the newly enacted
Vehicle Code §22658.
However, former Attorney General Bill Lockyer published an opinion that argues
against their use.
Tampering. The Attorney General's August
12, 2004
Opinion 03-1204
reasoned that since (former) Vehicle Code 22658 did not authorize the placement
of a “boot” on a vehicle parked in a private parking lot, doing so would be
considered “tampering” under the general prohibition found in
Vehicle Code §10852.
Signs. In the Attorney General's opinion, placing a sign at the entrance to a parking lot describing
the booting of vehicles would not be sufficient to protect against a
tampering violation.
Limited Authorization. The Opinion explains
that the Legislature limited the use of boots.
Vehicle
Code §22651.7 restricts authorization to peace officers and parking enforcement employees to immobilizing
vehicles parked “on a highway or any public lands,” if it is known that the owner
has been issued five parking violations that are delinquent.
Recommendation.
Since the Attorney General has concluded that
security firms may not use immobilizing boots on private property, the same
restriction likely applies to homeowner associations. Therefore, it is our
recommendation that associations not use immobilizing boots.
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Sincerely
yours,
Adrian
J. Adams, Esq.
Adams Kessler PLC |
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