[Ord. 1010, 11/10/2015]
The Stroud Area Regional Police Department is hereby authorized to remove and impound, or to order the removal and impoundment of, any vehicle parked upon any street, alley, highway or public property in the Borough in violation of any provision of the law or of any ordinance of the Borough.
[Ord. 1010, 11/10/2015]
1. 
If any motor vehicle/conveyance is illegally parked in violation of this chapter or any applicable provision of the Motor Vehicle Code of the Commonwealth of Pennsylvania, or if the owner of any motor vehicle/conveyance is delinquent in payment of fines and costs imposed by a District Magistrate and for whom a warrant of arrest has been issued by a District Magistrate as a result of his violation of the parking laws of the Borough of Stroudsburg or the Commonwealth of Pennsylvania, then that owner's motor vehicle(s)/conveyance(s) shall be prohibited from parking on any streets within the Borough and shall be seized, removed and impounded.
2. 
This Part is enacted as an enforcement procedure for the protection of the public peace, safety and welfare and the safeguarding of property and shall be used generally for the prevention and removal of traffic hazards, prevention and abatement of public nuisances arising from traffic law violations and for the protection of the public rights in the use of Borough streets and roads.
[Ord. 1010, 11/10/2015]
1. 
As used in this Part, the following terms shall have the meaning indicated:
AUTHORIZED PERSONNEL
A police officer of the Stroud Area Regional Police Department or parking enforcement officer of the Borough of Stroudsburg, and/or any designees thereof, who are authorized by the Borough Council to engage in the enforcement of parking ordinances of the Borough of Stroudsburg.
BOOT, BOOTING OR BOOTED
The act of immobilizing a motor vehicle in such a manner as to prevent its operation; however, no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved with such device or mechanism in place, and which device is certified as acceptable by the Stroud Area Regional Police Department.
INDICIA OF OWNERSHIP
Any identifying card and plate or plates issued to evidence authority for a motor vehicle to be operated on a public street or highway or a certificate of title issued to evidence that a person, other than a lienholder, has the property right in or title to a motor vehicle.
PUBLIC GROUND OR PROPERTY
Includes, but is not limited to, parks, public parking lots, streets, highways and roads.
UNPAID PARKING VIOLATIONS
Violations of the ordinances and regulations of the Borough of Stroudsburg, or violations of the provisions of Title 75 (Pa.C.S.A.), the Pennsylvania Vehicle Code, relating to parking, standing or stopping of vehicles, for which a parking ticket has been issued and for which payment is outstanding and unpaid.
UNSETTLED CITATIONS
Citations for unpaid parking violations for which a citation and summons have been issued which either remain unpaid after the time for payment set forth in the citation and summons or for which a warrant has been issued, and including adjudicated citations for which the fines and costs imposed remain unpaid. This shall include payment plans set by the District Magistrate or brought before the Borough that are in default or have not been fulfilled as agreed to by the individual issued the citation.
UNSETTLED PARKING VIOLATIONS
Violations of the ordinances and regulations of the Borough of Stroudsburg, or violations of the provisions of Title 75 (Pa.C.S.A.), the Pennsylvania Vehicle Code, relating to parking, standing or stopping of vehicles, for which a parking ticket has been issued and for which payment is outstanding and unpaid for over 30 days from the date of issuance of the parking ticket.
[Ord. 1010, 11/10/2015]
1. 
A vehicle found parked within the Borough upon any public ground or property at any time may, by or under the direction of any police officer of the Stroud Area Regional Police Department, or by or under the direction of any parking enforcement officer of the Borough, be booted if there are five or more unsettled citations and/or unsettled parking violations pending against the owner, or any co-owner, of the vehicle. No further notice to the owner or co-owner of the vehicle is required before the vehicle is booted under the provisions of this section.
2. 
If a payment plan has been reached by the owner with the Borough or District Magistrate as to payment of any one or all five or more unsettled citations and/or unsettled parking violations, and the owner or any co-owner defaults on that payment plan, or fails to pay as agreed, the vehicle may be booted without any further notice to the owner or co-owner.
[Ord. 1010, 11/10/2015]
Upon booting of such vehicle, the police officer or authorized employee of the Borough shall place or cause to be placed on the vehicle, in a conspicuous manner, notice sufficient to warn reasonably observant individuals 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 police officer or employee of the Borough shall provide the owner of the vehicle, at his request, with a list of the unsettled violations or unsettled citations and shall serve any outstanding warrants for which, or on account of which, the vehicle was booted.
[Ord. 1010, 11/10/2015]
1. 
The owner of a booted vehicle, or a person authorized by the owner, shall be permitted to secure the release of the vehicle upon:
A. 
Payment of the collateral required for his or her appearance before a District Magistrate to answer for each unsettled citation or outstanding warrant or payment of the amount of the fine, penalty and costs, if any, for each unsettled citation and each unsettled parking violation.
B. 
Payment of the fees as prescribed in § 15-501.8 of this Part.
[Ord. 1010, 11/10/2015]
The boot shall remain in place for 48 hours, except as provided below, unless the owner has complied with § 15-501.5 of this Part regarding payment of fines, costs and fees. If such compliance has not occurred within 72 hours, the vehicle shall be towed or impounded in accordance with § 15-501.3 of this Part. If the booting occurs when a vehicle is parked in violation of any provision of the law, or any ordinance of the Borough, or if the booted vehicle or immobilization device appears to have been tampered with, then such vehicle is subject to immediate towing and impounding. Towing and storage fees shall be paid, along with the fees specified in § 15-501.8 of this Part, before the owner of the vehicle, or person authorized by the owner, shall be permitted to repossess or secure release of the vehicle. Vehicles unclaimed within 30 days of towing and storage shall be deemed abandoned and subject to disposal, as such, in the manner authorized by law.
[Ord. 1010, 11/10/2015]
The Borough of Stroudsburg hereby elects to be subject to the provisions of § 6309.1 of Title 75 of the Pennsylvania Vehicle Code (75 Pa.C.S.A. § 6309.1) relating to the impoundment of vehicles for nonpayment of fines; vehicles or combinations with a gross vehicle weight rating of 17,000 pounds or less.
[Ord. 1010, 11/10/2015; as amended by Ord. 1018, 5/17/2016]
1. 
The owner or co-owner of the booted vehicle shall be individually and separately responsible for any and all costs associated with such immobilization.
2. 
Penalty Fee.
A. 
The owner or co-owner of the booted vehicle shall be assessed a penalty fee for such immobilization, payable to the Borough Office, according to the following schedule:
[Amended by Ord. 1025, 3/7/2017; and by Ord. No. 1137, 12/20/2022]
(1) 
$100 for the first boot of an owner or co-owner of a vehicle;
(2) 
$200 for the second boot of the same owner or co-owner;
(3) 
$400 for the third boot of the same owner or co-owner;
(4) 
$100 will be added to each additional boot after the third boot of the same owner or co-owner.
B. 
The fee shall be satisfied prior to removal of the boot from the booted vehicle.
[Ord. 1010, 11/10/2015]
Any person who shall tamper with, injure, damage, deface, remove or attempt to remove any device used to immobilize a vehicle which has been booted pursuant to this Part, or who shall move or attempt to move the booted vehicle before the release of the vehicle has been officially secured, shall be guilty of a summary offense and, upon conviction thereof, shall be fine not less than $300 nor more than $500, together with the cost of prosecution, or be imprisoned for not more than 30 days, or both, and shall be required to make full restitution for damages caused by such actions.
[Ord. 1010, 11/10/2015]
It shall be the duty of the police officers of the Stroud Area Regional Police Department, or parking enforcement officers of the Borough of Stroudsburg, to enforce the provisions of this Part.
[Ord. 1010, 11/10/2015]
Nothing in this Part shall be construed to deprive any person of his or her constitutional right to a hearing or trial as to the violations for which parking tickets, notices, or citations have been issued.
[Ord. 1010, 11/10/2015]
The Borough Council shall utilize storage garages designated by the Stroud Area Regional Police Department to serve as impound lots for the storage of such impounded vehicles.
[Ord. 1010, 11/10/2015]
Every such approved storage garage shall have authority to charge the owner of record of every such impounded vehicle the towing and storage charges.
[Ord. 1010, 11/10/2015]
Every such approved storage garage shall furnish a bond in an adequate amount as shall be fixed by the Borough Council, for the indemnifying of the owner of any such impounded vehicle against the loss thereof, or injury or damage thereto, while in the custody of the keeper of the pound.
[Ord. 1010, 11/10/2015]
Within 24 hours from the time of removal of any vehicle under authority granted by this Part, notice of the fact that such vehicle has been impounded shall be sent by the Borough to the owner of record of such vehicle. Such notice shall include the make, model, registration plate number, the location the vehicle is held, notification of the right to reclaim said vehicle within 30 days after the date of the notice upon payment of a fee for towing and storage charges, and notification that failure to reclaim said vehicle is deemed consent to the disposition of the vehicle. Such vehicle(s) shall not be released from impoundment until all fines and penalties due the Borough are paid.
[Ord. 1010, 11/10/2015]
The payment of any towing and impounding charges authorized by this Part shall, unless such payment shall have been made under protest, be final and conclusive and shall constitute a waiver of any right to recover the money so paid.
[Ord. 1010, 11/10/2015]
In the event that any towing and impounding charges, authorized by this Part, shall be paid under protest, the offender shall be entitled to a hearing before a District Justice or court of record having jurisdiction, in which case the defendant shall be proceeded against and shall receive such notice as is provided for by the Vehicle Code,[1] in other cases of summary offenses, and shall have the same rights as to appeal and waiver of hearing.
[1]
Editor's Note: See 75 P.S. § 101 et seq.
[Ord. 1010, 11/10/2015]
The Borough Office shall keep a record of all vehicles impounded, and it shall be able at all reasonable times to furnish the owners, or agents of the owners thereof, information as to the place of storage of such vehicles.
[Ord. 1010, 11/10/2015]
The payment of towing and storage charges shall not operate to relieve the owner or operator of any vehicle from liability for any fine or penalty for the violation of any law or ordinance on account of which such vehicle was removed and impounded.
[Ord. 1010, 11/10/2015]
No vehicle shall be removed under the authority of this Part if, at the time of the intended removal thereof, the owner or person for the time being in charge of such vehicle is present and expresses a willingness and intention to remove such vehicle immediately.