The Rexburg City Council decided after a meeting on July 19 to allow booting in private parking lots for now.
Jarin Hammer, an attorney representing the BYU-Idaho Off-Campus Housing Association, suggested a different view on the booting law in Rexburg, that prohibits booting in the city. The motion was that Rexburg’s booting law to be as recorded in ordinance 911, according to Rexburg.org.
Ordinance 911 states that towing and booting are allowed on private properties that meet specific conditions. For example, they need to have on-site visitors’ parking.
“Owners of multi-unit residential private property may, to the extent authorized by this section, boot or tow away any unauthorized vehicle on their premises,” according to Ordinance 911.
Senator Brent Hill said in the city council meeting he was surprised when he found out that booting was not allowed in the city of Rexburg anymore.
“It seemed to me that prohibiting a practice like this on private property was a violation of private property rights, which I know the legislature tries to stay away from as much as possible,” Hill said, according to city council minutes. “So it didn’t sound right that the legislature would really want to do something like that.”
Rob Wood, the deputy prosecutor of the city of Rexburg, said that the city is being called out for the changes in the booting law. He said the owners of private properties have the right to remove the vehicle from their property, which would mean towing.
“(Booting) does not remove the vehicle from the property, and … I totally believe that a private property owner has that right to exclude the person from their property,” Wood said, according to Rexburg.org. “Booting does not exclude anybody from your property.”
Wood said in the meeting that booting might be a deterrent, but the person is still not excluded from the property.
“They’re stuck there until they pay the fine,” Hill said in meeting.
The City Council members and Mayor Jerry Merrill decided to hold another meeting to further study and discuss this topic. The meeting will be held, on July 26, in the Rexburg City Hall.
For more information, visit Rexburg.org.