[HISTORY: Adopted by the Township Council of the Township
of Upper Darby 3-21-2012 by Ord.
No. 3000. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Upper Darby
Township Immobilizing of Vehicles Ordinance."
The following words and phrases, when used in this chapter,
shall have the meanings given to them in this section unless the context
clearly indicates otherwise:
The act of immobilizing a motor vehicle, in such a manner
as to prevent its operation, with a device which will cause no damage
to such vehicle unless it is moved while such device is in place.
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 regulations of Upper Darby Township
or the Pennsylvania Motor Vehicle Code which are outstanding and unpaid
over 45 days from the date of issuance.
A motor vehicle found parked within Upper Darby Township upon
any public ground at any time may, by or under direction of the Director
of Parking Enforcement or his designee or any parking enforcement
officer or any police officer, be booted if there are five or more
unsettled parking violations or five or more unsettled citations or
three or more arrest warrants as a result of parking violations pending
against the owner of the motor vehicle.
Upon booting of such motor vehicle, the parking enforcement
officer or employee or officer of Upper Darby Township 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 vehicle might result in damage to the
vehicle. The notice should also outline the procedure for obtaining
removal of the boot. As soon as is practicable, the parking enforcement
officer or employee or officer of Upper Darby Township shall provide
the owner of the booted vehicle, at his request, a list of the prior
unsettled parking violations or unsettled citations for which, or
on account of which, such vehicle was booted.
The owner of a booted vehicle or other authorized person shall
be permitted to secure the release of the vehicle upon:
The boot shall remain in place for 72 hours, except as provided below, unless the owner has complied with § 527-5 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 Chapter 532, Impoundment and Towing of Vehicles, of this Code. A record of the tow shall be maintained by the Police Department, and a release must be obtained by the owner from the Police Department prior to the towing agent releasing the vehicle. Towing and storage fees shall be paid, as well as the fees specified in § 527-5, before the owner or authorized person of such vehicle shall be permitted to secure the release of the vehicle. If the booting occurs when a vehicle is parked in violation of any provision of the law or any ordinance of Upper Darby Township or, if the booted vehicle or the immobilization device appears to have been tampered with, such vehicle is subject to immediate towing and impounding. All towed vehicles shall be subject to the provisions of Chapter 532, Impoundment and Towing of Vehicles, of this Code, including but not limited to such provisions thereof governing unclaimed and/or abandoned vehicles and the disposal thereof.
The owner of the booted vehicle shall be subject to a fee, which
shall initially be $100, and which can be modified and reset by resolution
of Council from time to time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 chapter, or who shall move or attempt to move the
vehicle booted before release of vehicle has been officially secured,
shall be punishable by the filing of a non-traffic criminal citation
with the Magisterial District Judge with jurisdiction over the violation,
or as otherwise permitted by the Pennsylvania Rules of Criminal Procedure.
Any person, firm, or corporation who violates the provisions of this
chapter shall, upon being found guilty in a summary criminal proceeding,
be sentenced to pay a fine of $300 plus any extraordinary expenses
of the Township incurred in the prosecution of the criminal case.
It shall be the duty of the officers of the Parking Enforcement
Department or other designated employees or officers of Upper Darby
Township, acting in accordance with the instructions by the Mayor,
to enforce the provisions of this chapter.
Nothing in this chapter 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 violation tickets or citations have been
issued.
Nothing in this chapter shall be construed to abridge or alter
the remedies now existing at common law or by statute, but the provisions
of this chapter are in addition to such remedies.
The provisions of this chapter are severable, and if any clause,
sentence, subsection or section hereof shall be adjudged by any court
of competent jurisdiction to be illegal, invalid or unconstitutional,
such judgment or decision shall not affect, impair or invalidate the
remainder but shall be confined in its operation and application to
the clause, sentence, subsection or section rendered. It is hereby
declared the intent of the Council that this chapter would have been
adopted if such illegal, invalid, or unconstitutional clause, sentence,
subsection, or section had not been included therein.
