[Adopted 4-14-1999 by Ord. No. 5456]
As used in this article, the following words 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 a device is
in place or such means are employed.
Parked overtime at a meter or parked in a restricted parking
location or improperly stopped or parked on a public street, road,
alley, or parking garage.
The total cost of all fees, fines, costs, towing, etc., needed
to secure release of the vehicle.
A motor vehicle found parking within the City upon any public
ground at any time may, by the Altoona Parking Authority of the City,
be booted if there are five or more unsettled parking violations pending
against that vehicle incurred after passage of this article, to prevent
the removal of the vehicle by any person except an authorized tower,
until all fines, penalties and costs are paid in full or satisfactory
payment arrangements are made with said Authority.
Upon booting of such motor vehicle, the employee of the Parking
Authority 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. Said notice shall be not less than
8 1/2 inches by 11 inches and placed with adhesive on the driver's
front window. The notice shall also outline the procedure for obtaining
removal of the boot. As soon as practicable, the employee shall provide
the owner of the booted vehicle, at his/her request, with notice of
the specific parking violations for which or on account of which such
vehicle was booted.
A.
The owner of a booted vehicle, or other authorized person, shall
be permitted to secure a release of the vehicle upon:
B.
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 the
appropriate Magisterial District Judge. The hearing shall be held
during normal business hours within 10 business days of the demand
therefor or as soon as practical. The post-immobilization hearing
will not be determinative of or adjudicate the merits of any citations
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 article.
The boot shall remain in place for 48 hours unless the owner has complied with § 700-32. If such compliance has not occurred within 48 hours, the vehicle shall be towed or impounded. Towing and storage fees shall be added to the total cost.
The owner of a booted vehicle shall be subject to a fee as established
by resolution of the City Council for such immobilization in addition
to the fines and costs for the violation.
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 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 $1,000 together with
cost of prosecution and the actual cost of replacing the boot if the
same was damaged in any way, or imprisoned for a term not to exceed
90 days, or both.
This article shall be enforced by the Parking Authority of the
City of Altoona.
Nothing in this article 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.
