[Ord. 1355, 11/21/1991]
For the purpose of this ordinance, the following terms and words
are defined as follows:
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.
Citations for unpaid parking violations for which a citation/summons
has been issued to which either no response has been made or for which
a warrant has been issued and including adjudicated citations for
which the fines and costs imposed are unpaid.
Violations of the parking, standing or stopping regulations
of the Borough of State College or the Pennsylvania Motor Vehicle
Code which are outstanding and unpaid over 30 days from the date of
issuance.
[Ord. 1355, 11/21/1991]
A motor vehicle found parked within the municipality upon any
public ground, at any time, may, by or under direction of the Manager
or his designee or any Officer of the Bureau of Police Services, be
booted if there are five or more unsettled parking violations or three
or more unsettled citations or one or more arrest warrants as a result
of parking violations pending against the owner of the motor vehicle.
[Ord. 1355, 11/21/1991]
Upon booting of such motor vehicle, the employee or Officer
of the municipality 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 employee or Officer shall provide the owner of
the booted vehicle, at his request, with a list of the prior unsettled
parking violations or unsettled citations for which, or on account
of which, such vehicle was booted.
[Ord. 1355, 11/21/1991]
The owner of a booted vehicle, or other authorized person, shall
be permitted to secure the release of the vehicle upon:
a.
Depositing of the collateral required for his or her appearance before
a District Magistrate to answer for each unsettled citation; or
Paying the amount of the fine, penalty and court costs, if any,
for each unsettled citation and each unsettled parking violation;
and,
b.
Payment of the fees, as prescribed in § 11-1007 of this
chapter.
[Ord. 1355, 11/21/1991]
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
10 days after the vehicle is booted and shall be conducted by a hearing
officer appointed by the Manager. 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 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 ordinance.
[Ord. 1355, 11/21/1991; amended by Ord. 1404, 2/3/1993]
The boot shall remain in place for 72 hours, except as provided below, unless the owner has complied with § 11-1004 of this chapter regarding payment of fines, costs and fees. If such compliance has not occurred within 72 hours, the vehicle shall be towed and impounded under the provisions of Part H of this chapter. If the booting occurs when a vehicle is parked in violation of any provision of the law or any ordinance of the municipality or, if the booted vehicle or the immobilization device appear to have been tampered with, then such vehicle is subject to immediate towing and impounding. Towing and storage fees, as specified in § 11-705 of this chapter, shall be paid, along with the fees specified in § 11-1004 of this chapter, before the owner or authorized person of such vehicle shall be permitted to repossess or secure the release of the vehicle. Vehicles unclaimed within 45 days of towing and storage shall be deemed abandoned and subject to disposal, as such, in the manner authorized by law.
[Ord. 1355, 11/21/1991, amended by Ord. 1914, 12/15/2008,
Section 26]
The owner of the booted vehicle shall be subject to a fee, which
will be set by resolution of Council from time to time.
[Ord. 1355, 11/21/1991]
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 ordinance, 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 $600, together with
the cost of prosecution, or be imprisoned for not more than 30 days,
or both.
[Ord. 1355, 11/21/1991]
It shall be the duty of the officers of the Bureau of Police
Services, or other designated employees of the municipality, acting
in accordance with the instructions by the Manager, to enforce the
provisions of this ordinance.
[Ord. 1355, 11/21/1991]
Nothing in this ordinance shall be construed to deprive any
person of their constitutional right to a hearing or trial as to the
violations for which parking violation notices or citations have been
issued.
