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Borough of Phoenixville, PA
Chester County
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[Added by Ord. 2016-2260, 3/8/2016]
A motor vehicle found parked within the Borough upon any public street or public property, at any time, may, by any officer of the Borough Police Department, be booted. Any public property may be enforced, including all Borough-owned garages and lots.
[Added by Ord. 2016-2260, 3/8/2016]
After the motor vehicle has been booted, the Borough shall place or cause to be placed on the vehicle, in a conspicuous manner, notice sufficient to warn any individual that the vehicle has been immobilized and that any attempt to move the vehicle might result in damage to the vehicle. The notice shall also outline the procedure for obtaining removal of the boot. As soon as practicable, the Borough shall provide the owner of the booted vehicle, at his request, with a list of the prior outstanding parking citations or warrants for which, or on account of which, the vehicle was booted.
[Added by Ord. 2016-2260, 3/8/2016]
1. 
If a vehicle has one or more outstanding parking warrants or five or more outstanding parking tickets, the vehicle is eligible to be booted.
2. 
If the tickets are written five days consecutively.
3. 
If a vehicle has come up as a "hit" and has at least one warrant, the police officer will verify the number of warrants and from which court the warrant(s) is/are issued and then contact the court to ensure that there is no payment plan or that the owner has not paid.
4. 
The police officer will contact District Court to check the validity of the warrant before issuing the boot.
[Amended by Ord. 2016-2265, 7/12/2016]
5. 
When a vehicle is booted, a vehicle survey is completed, pictures taken and a notice placed on the driver's side window alerting the driver of the boot.
6. 
If a person is in the vehicle, he or she will be given the information regarding the infraction(s) and what he/she must do to avoid being booted.
[Added by Ord. 2016-2260, 3/8/2016]
1. 
The owner of a vehicle which has been booted, or other authorized person, shall be permitted to secure the release of the vehicle upon:
A. 
Depositing the collateral required for his or her appearance before a District Justice to answer for each outstanding parking citation; or
B. 
Paying the amount of the fine, penalty and court costs, if any, for each outstanding parking citation or unsettled warrant and submitting proof that said payment has been made; and
C. 
Payment of all fees and fines, as prescribed in this Part.
[Added by Ord. 2016-2260, 3/8/2016]
The boot shall remain in place for 48 hours, except as provided below, unless the owner of the vehicle has complied with § 15-1404 of this Part regarding the payment of fines, costs and fees. If such compliance has not occurred within 48 hours, the vehicle shall be towed and stored pursuant to the provisions in Part 9 of this chapter. If the booting occurs when a vehicle is parked in violation of any provision of the Pennsylvania Motor Vehicle Code or any ordinance of the Borough, or if the booted vehicle or the immobilization device appears to have been tampered with, then such vehicle is subject to immediate removal and impounding. All towing and storage fees imposed pursuant to the authority and procedures in Part 9 of this chapter shall be paid, along with the fees specified in § 15-1404 of this Part, before the owner or authorized person shall be permitted to repossess or secure the release of the vehicle. Vehicles unclaimed within 15 days of towing and storage shall be deemed abandoned and subject to disposal, as such, in the manner authorized by law.
[1]
Editor's Note: Former § 15-1405, Immobilization Hearing, added by Ord. 2016-2260, 3/8/2016, was repealed by Ord. 2016-2265, 7/12/2016. This ordinance also provided for the renumbering of former §§ 15-1406 through 15-1408 as §§ 15-1405 through 15-1407, respectively.
[Added by Ord. 2016-2260, 3/8/2016]
1. 
The owner of the booted vehicle shall be subject to an additional boot fee of $100 when the vehicle is booted. The boot fee shall be paid to the Borough cashier once all fines and fees at District Court are satisfied before the boot can be removed under § 15-1404 of this Part.
[Amended by Ord. 2016-2265, 7/12/2016]
2. 
Once a vehicle is booted, a boot fee of $100 is assessed in addition to any outstanding parking tickets. All tickets must be paid in full, and all warrants must be satisfied at court; proof that the warrants are satisfied must be given to the Parking Department prior to the boot being removed.
[Amended by Ord. 2016-2265, 7/12/2016]
3. 
If a vehicle that has been booted does not respond to the fine within 48 hours, that vehicle will be towed. The owner of the vehicle will be responsible for all fees, warrants, tickets and towing charges and any other applicable fees charged by the towing company. The owner must come to the Police Department with proof of having satisfied court matters and pay fees at the Borough and will then be given a certified release form to give to the towing company in order to have his/her boot released.
4. 
The following payment methods are accepted to have a boot released: money order, credit card, debit card or cash. No personal checks are accepted.[1]
[1]
Editor's Note: Former Subsection 5, regarding appeals, which immediately followed this subsection, was repealed Ord. 2016-2265, 7/12/2016.
[Added by Ord. 2016-2260, 3/8/2016]
Any person who shall tamper with, remove or attempt to remove any device used to immobilize a motor vehicle that has been booted pursuant to this Part, or who shall move or attempt to move the vehicle booted before release of the vehicle has been officially secured, shall be guilty of a summary offense and, upon conviction thereof, shall be ordered to pay a fine of $1,000.