[Added 7-16-2014 by Ord. No. 9-2014]
A motor vehicle found parked within the Borough upon any public
street or public property, at any time, may, by or under the direction
of the Borough's Parking Department or any officer of the Borough
Police Department, be booted if there are five or more outstanding
parking citations or one or more arrest warrants as a result of outstanding
parking citations pending against the owner of the motor vehicle.
After a motor vehicle has been booted, the Borough 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 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 Borough shall provide
the owner of the booted vehicle, at his request, with a list of the
prior outstanding parking citations or warrants for which, or on account
of which, the vehicle was booted.
The owner of a vehicle which has been booted, or other authorized
person, shall be permitted to secure the release of the vehicle upon:
A.
Depositing the collateral required for his or her appearance before
a District Justice to answer for each outstanding parking citation;
or
B.
Paying the amount of the fine, penalty and court costs, if any, for
each outstanding parking citation or unsettled warrant, and submitting
proof that said payment has been made; and
C.
Payment of all fees and fines, as prescribed in this article.
The owner of a booted vehicle, or other authorized person, shall
have the right to a postimmobilization hearing, limited to the determination
of the validity of the booting. Such hearing must be requested within
five days after the vehicle is booted and shall be conducted by a
hearing officer appointed by the Borough Director of Parking. The
hearing shall be held during normal business hours within five business
days of the demand therefor. The postimmobilization hearing will not
be determinative of or adjudicate the merits of any citation or violation
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, except as provided below, unless the owner of the vehicle has complied with § 104-103 of this article regarding the payment of fines, costs and fees. If such compliance has not occurred within 48 hours, the vehicle shall be towed and stored pursuant to the provisions in Article VIII of this chapter. If the booting occurs when a vehicle is parked in violation of any provision of the Pennsylvania Motor Vehicle Code or any ordinance of the Borough, or if the booted vehicle or the immobilization device appears to have been tampered with, then such vehicle is subject to immediate removal and impounding. All towing and storage fees imposed pursuant to the authority and procedures in Article VIII of this chapter shall be paid, along with the fees specified in § 104-103 of this article, before the owner or authorized person shall be permitted to repossess or secure the release of the vehicle. Vehicles unclaimed within 15 days of towing and storage shall be deemed abandoned and subject to disposal, as such, in the manner authorized by law.
The owner of the booted vehicle shall be subject to an additional fine of $100 when the vehicle is booted. The Borough shall issue a citation for such fine when the boot is applied to the vehicle. Such fine must be paid before the boot can be removed under § 104-104 of this article.
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 ordered to pay a fine of $1,000.
