[Added 2-3-1998 by Ord. No. 1720]
For the purpose of this article, the following terms and words are defined as follows:
- BOOT, BOOTING, or BOOTED
- The act of immobilizing a motor vehicle in such a manner as to present its operation with a device or by means which will cause no damage to such vehicle unless it is moved or an attempt to move it is made while such device is in place or such means are employed.
- UNSETTLED CITATION
- Citations for unpaid parking violations for which a citation or summons has been issued for which there has been either:
- UNSETTLED PARKING VIOLATIONS
- Violations of the parking, standing, or stopping regulations of the Borough of Indiana or the Pennsylvania Motor Vehicle Code which are outstanding and unpaid for a period of 15 days from the date of issuance.
A motor vehicle found parked within the Borough of Indiana upon any public street or property at any time may, by or under direction of the Borough Manager or any employee of the Borough of Indiana designated by the Borough Manager, be booted if there are two or more unsettled parking violations, two or more unsettled citations, or one or more arrest warrants as a result of parking, standing, or stopping regulations pending against the owner of the motor vehicle that are at least 150 days past the date of issuance.
Upon the booting of any motor vehicle an employee of the Borough of Indiana, designated by the Borough Manager, 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 or remove the boot may result in damage to the vehicle. This notice shall outline the procedures for obtaining the removal of the boot. As soon as practicable, the designated employee shall provide the owner of the booted vehicle, at his or her request, with a list of unsettled citations for which or on account of which the vehicle was booted.
The owner of the booted vehicle or other authorized representative shall be permitted to secure the release of the vehicle upon paying the amount of the fine, penalty, and court costs, if any, in full for each unsettled citation and each unsettled parking violation including any towing expenses pursuant to Chapter 421, Towing, of the Code of the Borough of Indiana, if applicable.
The boot shall be removed between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding legal holidays. If the owner desires to have the boot removed at any other time, an additional fee of $50 shall be paid.
The owner of a booted vehicle or other authorized representative shall have the right to litigate any violations or citations which can still be litigated under applicable law. In the event that the owner or other authorized representative is successful in litigating these cases, any fines and costs collected relative to those particular incidents shall be returned if found not guilty by the Magisterial District Judge, however, as to all other unsettled citations and unsettled parking violations, all fines and costs shall be retained. All costs of the booting or towing shall be retained by the Borough of Indiana unless it is determined by the Magisterial District Judge that the requirements for booting pursuant to § 440-32 have not been met. In such case, all costs for the booting and towing shall be returned to the owner of the vehicle.
The boot shall remain in place for 72 hours, except as provided below or unless the owner has complied with the payment of all fines, costs and fees pursuant to § 440-34 of this article. If such compliance has not occurred within 72 hours, the vehicle shall be towed and impounded pursuant to provisions of Chapter 421, Towing. If the booting occurs when the vehicle is parked in violation of any provision of the Pennsylvania State Motor Vehicle Code or any ordinance of the Borough of Indiana, if the booted vehicle or the immobilization device appears to have been tampered with, or the vehicle cannot be booted or immobilized, then the vehicle shall be subject to immediate towing and impounding.
The owner of the booted vehicle shall be subject to a fee, as set from time to time by resolution of the Borough Council, for such booting or immobilization or such other fee as the Borough Council shall determine by resolution.
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 article or who shall move or attempt to move a booted vehicle before the release of the vehicle has been officially secured, shall be guilty of a summary offense and, upon conviction thereof before the Magisterial District Judge, shall be fined $500 together with costs of prosecution; or, in default of payment thereof, shall be imprisoned for a period of not more than 30 days.
It shall be the duty of the employee of Indiana Borough, designated by the Borough Manager, to act in accordance with the instructions of the Borough Manager to enforce the provisions of this article.
Nothing in this article shall be construed to deprive any person of that person's constitutional right to a hearing or a trial as to the violations for which parking notices or citations have been issued.