[Ord. 1735, 4/12/1993]
The Authority for this Part is founded in Chapter 1, Part 10C, of the Pottstown Borough Code of Ordinances permitting the Pottstown Borough Parking authority to regulate parking. The Borough Parking Authority has delegated and granted to the Borough this express and enumerated power.
[Ord. 1735, 4/12/1993]
For purposes of this § 1102, words and terms listed
in this § 1102, as follows, shall have the following meanings:
The act of immobilizing a motor vehicle in such a manner
as to prevent its operation with a device or by means which will cause
no damage to such vehicle unless it is moved while such device is
in place or such means are employed.
Outstanding violation(s) of the parking, standing or stopping
regulations of this Chapter, for which citation(s) have been filed
with a District Justice, and a summons has been issued to which either
no response has been made or for which a warrant has been issued and
including adjudicated citation(s) where the fine and costs imposed
are unpaid.
[Ord. 1735, 4/12/1993]
A motor vehicle found parked within the Borough upon any public
ground at any time may, by or under the direction of an officer or
member of the Police Department of the Borough of Pottstown, be booted
if there are three or more unsettled parking violations pending against
the owner of the motor vehicle.
[Ord. 1735, 4/12/1993]
Upon booting of such motor vehicle, the officer or employee
shall 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 officer
or employee shall provide the owner of the booted vehicle, at his
request, with a list of the prior unsettled parking violations for
which, or on account of which, such vehicle was booted.
[Ord. 1735, 4/12/1993]
1.
The owner of a booted vehicle, or other authorized person, shall
be permitted to secure release of the vehicle upon:
2.
The owner of a booted vehicle, or other authorized person, shall
have the right to a post-immobilization hearing limited to the determination
of the validity of the booting. Such hearing must be requested within
15 days after the vehicle is booted, and shall be conducted by a hearing
officer appointed by the Mayor. The hearing shall be held during normal
business hours within one business day of demand thereof. The post-immobilization
hearing will not be determinative of or adjudicate the merits of any
citation issued relative to any immobilized vehicle, but will be limited
solely to whether the vehicle was properly subject to booting under
the provisions of this part.
[Ord. 1735, 4/12/1993]
The boot shall remain in place for 48 hours unless the owner
has complied with § 1105. If such compliance has not occurred
within 48 hours, the vehicle shall be towed or impounded. If the booting
occurs when a vehicle is parked in any zone regulated by towing provisions,
then such vehicle is subject to immediate towing and impounding. Towing
and storage fees, as specified in this Chapter, shall be paid, along
with fees specified in § 1105, before the owner of such
vehicle, or authorized person, shall be permitted to repossess or
secure the release of the vehicle. Vehicles unclaimed within 60 days
of towing and storage shall be deemed abandoned and subject to disposal
as such in the manner authorized by law.
[Ord. 1735, 4/12/1993]
The owner of a booted vehicle shall be subject to a fee of $50
for such immobilization.
[Ord. 1735, 4/12/1993]
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 fined not less than $100 nor more than $600, together with
costs of prosecution, or be imprisoned for not more than 30 days,
or both.
[Ord. 1735, 4/12/1993]
This Part shall be enforced by the Police Department of the
Borough of Pottstown, and the Chief of the Police Department shall
have authority for implementing the parking enforcement provisions
thereof and to promulgate such rules and regulations as are necessary
therefor, which regulations shall become effective upon approval by
Borough Council.
[Ord. 1735, 4/12/1993]
Nothing in this § 1110 shall be construed to deprive
any person of the constitutional right to a hearing or trial as to
the violations for which citations have been issued.
