[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.
AUTHORIZED PERSONNEL
BOOT, BOOTING OR BOOTED
INDICIA OF OWNERSHIP
PUBLIC GROUND OR PROPERTY
UNPAID PARKING VIOLATIONS
UNSETTLED CITATIONS
UNSETTLED PARKING VIOLATIONS
As used in this Part, the following terms shall have the meaning
indicated:
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.
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.
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.
Includes, but is not limited to, parks, public parking lots,
streets, highways and roads.
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.
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.
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.
[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]
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.
