As used in this article, the following terms
shall have the meanings indicated:
Police officers of the Borough of Carlisle and/or any designees
thereof who are then authorized by the Chief of Police to engage in
the enforcement of parking and traffic ordinances of the Borough of
Carlisle.
The act of immobilizing a motor vehicle in such a manner
as to prevent its operation; provided, however, that no such vehicle
shall be immobilized by any means other than by the use of a device
or other mechanism which will cause no damage to such vehicle unless
it is moved while such device or mechanism is in place, and which
device is certified as acceptable by the Police Department.
Any identifying card and plate or plates issued to evidence
authority for a motor vehicle to be operated on a public street or
highway, or a certificate of title issued to evidence that a person,
other than a lien-holder, has the property right in or title to a
motor vehicle.
[Amended 8-12-1999 by Ord. No. 1900, approved 8-19-1999]
Any motor vehicle which has more than $50 of
unpaid fines and costs for parking and/or traffic violations issued
by the Borough of Carlisle for which citations and/or warrants have
been filed by a District Justice of Cumberland County is subject to
booting by authorized personnel. Any motor vehicle, other than a vehicle
owned or operated by a hotel guest or rental permit holder, which
remains in a parking space or other location in the Pomfret Street
Parking Garage for a period in excess of 24 hours is subject to booting
by authorized personnel.
Each subject vehicle shall be placarded, in
a conspicuous manner, with a standard form indicating the dollar amount
of the outstanding violations and the procedure to which the owner
must adhere in order to have the boot removed, and such placard shall
provide notice sufficient to warn any individual that the subject
vehicle has been booted and that any attempt to move such vehicle
will result in damage to such vehicle.
Upon payment of all the aforesaid fines, penalties and costs or proper administrative adjudication concerning all such outstanding violations, and upon payment of a booting fee in such amount as set forth in Chapter 120, Fees, as enacted and ordained, and as may be, from time to time, amended, the boot mechanism shall be removed as promptly as reasonable and in no event to exceed a twenty-four-hour period; provided, however, that the time provision described herein is subject to extension in the event that the Borough of Carlisle experiences a civil emergency as declared by the Mayor which prevents authorized personnel from adhering to the stated time provision.
A.
Where the owner of a booted vehicle fails to make all payments or secure administrative adjudication as set forth in § 244-68 herein within 48 hours from the time the vehicle is booted, said vehicle becomes subject to being towed. To receive information regarding the location of a vehicle which has been towed, the owner shall call the telephone number designated on the placard; a towed vehicle shall be released to the owner, subject to a showing of appropriate indicia of ownership, only after full payment of the fines, costs, penalties and fees for which the vehicle was towed plus towing and storage fees, provided that proper administrative adjudication or judicial order shall be a satisfactory mechanism for release of the vehicle.
B.
In the event that a vehicle is towed pursuant to the
provisions of this section, within 12 hours from the time of towing
of such vehicle, notice of the fact that such vehicle has been towed
shall be sent by the Police Department through certified mail to the
owner of record of such vehicle, designating the place from which
such vehicle was towed, the reason for its being towed, the amount
of fines, costs, penalties and fees owed by said owner as a result
of immobilization and subsequent towing and the name and address of
the place of impoundment.
