As used in this article, the following terms shall have the meanings indicated:
BOOT, BOOTING or BOOTED
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.
UNSETTLED PARKING VIOLATION
An outstanding violation of the parking, standing or stopping regulations of the Township of Lancaster or Pennsylvania Motor Vehicle Code for which a citation has 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 citations where the fine and costs imposed are unpaid.
A motor vehicle found parked within the Township upon any public ground at any time may, by or under the direction of a police officer and/or parking enforcement personnel of the Township of Lancaster, be booted if there are three or more unsettled parking violations pending against the owner of the motor vehicle.
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.
A. 
The owner of a booted vehicle or other authorized person shall be permitted to secure release of the vehicle upon:
(1) 
Deposit of the collateral required for his or her appearance before a District Justice to answer for each unsettled parking violation; or
(2) 
Paying the amount of the fine, penalty and court costs, if any, for each unsettled parking violation; and
(3) 
The payment of the fees as required by § 263-42 of this article.
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 a hearing officer appointed by the Board of Supervisors. The hearing shall be held during normal business hours within one business day of the demand therefor. 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 article.
The boot shall remain in place for 48 hours unless the owner has complied with § 263-40. If such compliance has not occurred within 48 hours, the vehicle shall be towed or impounded. Towing and storage fees as specified in Article VI of this chapter shall be paid, along with fees specified in § 263-42 of this article, 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.
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 $300, together with costs of prosecution, or imprisoned for not more than 30 days, or both.
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.