City of Erie, PA
Erie County
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Table of Contents
Table of Contents
[Ord. 55-1989 § 1, passed 7-5-1989]
BOOT
A device consisting of metal clamps or jaws and a padlocking device which, when attached to the wheel of a motor vehicle, prevents the vehicle from being driven.
[Ord. 7-2018, passed 3-7-2018]
Any vehicle having three or more unpaid violations issued and outstanding against it at any time, with the most recent of the three outstanding violations being more than 30 days old, such violations charging that such vehicle was parked, stopped or standing in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania, this Traffic Title or any other traffic ordinance of the City of Erie is deemed to be a public nuisance and the Police Bureau or any other City agent assigned to traffic duty is hereby authorized to:
(a) 
Remove such vehicle or cause to be removed at the sole cost and expense of the habitual violator; or
(b) 
Immobilize such vehicle by means of applying a boot. If the vehicle has remained immobilized for a period of 72 hours, and release has not been obtained, the Police Bureau or other City authority shall have the authority to remove such vehicle or cause to be removed at the sole cost and expense of the habitual violator. In any case involving the immobilization of a vehicle pursuant to this section, a notice shall be placed on such vehicle, in a conspicuous manner, sufficient to warn any individual that such vehicle has been immobilized and that any attempt to move such vehicle may result in damage thereto.
(1) 
Any tampering with or removal of the device shall be separate offenses and may be prosecuted as violations of the criminal mischief and theft sections of the Pennsylvania Crimes Code (Title 18, Section 3304 and 3921).
(2) 
The City assumes no liability for loss or damage to such vehicle while immobilized.
(c) 
The Bureau of Police or other City authority shall have the power and is hereby authorized to remove the vehicle to an approved storage garage or pound in accordance with Article 527 of this Title.
[Ord. 7-2018, passed 3-7-2018]
(a) 
Vehicles immobilized or impounded pursuant to this article shall be released to their lawful owner or person entitled to possession upon a showing of adequate evidence of a right to its possession and upon paying all accrued fines and costs for each outstanding unpaid summons, or depositing of the collateral required for his appearance in the appropriate District Judge's office to answer to each violation for which there is an outstanding or otherwise unsettled traffic violation notice or warrant and, in addition thereto, the charges for immobilization, towing and storage.
(b) 
In the event that the owner of the vehicle believes that the immobilization was not authorized by law pursuant to this article, he may demand a hearing on the immobilization before an appropriate District Judge. Such demand shall be made in writing upon a form supplied by the District Judge. Such hearing shall be held no later than the first day, excluding Saturdays, Sundays and holidays, following the demand therefor. The sole issue to be determined at such hearing on the immobilization shall be whether three or more parking violation citations have been issued and remain outstanding. As to whether or not the citations remain outstanding and unpaid, the records as provided by the appropriate District Judge shall be a conclusive presumption of the status of the citations.
(1) 
Any person whose vehicle is immobilized or impounded under the provisions of this article shall have the right to leave the vehicle in the approved storage garage or pound or immobilized by a boot, pending the hearing referred to in Subsection (b) hereof.
(2) 
If the appropriate District Judge determines that three or more unpaid parking violation citations are not outstanding and thus the towing or booting was unauthorized by law, the owner shall be entitled to immediate release and return of the vehicle without the payment of any booting or towing fee or storage charges.
(3) 
If the appropriate District Judge determines that three or more unpaid parking violation citations remain outstanding, the owner may obtain release of the vehicle by any of the means set forth in Subsection (a) hereof.
[Ord. 55-1989 § 1, passed 7-5-1989]
Before the owner or his agent is permitted to remove an impounded vehicle from any approved storage garage or pound, he shall:
(a) 
Pay the immobilization and/or towing charge applicable to this type of vehicle; and
(b) 
Pay the storage charge applicable to this type of vehicle. The rate charged is for each day or fraction thereof and is found in Article 527 of this Title.
(c) 
In the event that the owner of the vehicle believes that the immobilization or towing was not authorized by law, he may demand a hearing as provided in Section 530.03(b).
[Ord. 55-1989 § 1, passed 7-5-1989]
Payment of immobilization, towing and storage charges unless made under protest shall be final and conclusive, and shall constitute a waiver of any right to recover the money so paid.
[Ord. 7-2018, passed 3-17-2018]
If the immobilization, towing and impounding charges are paid under protest, the offender shall be entitled to a hearing before an appropriate District Judge. The defendant shall be proceeded against and receive such notice as is provided by the Commonwealth of Pennsylvania Motor Vehicle Code in other cases of summary offenses, and shall have the same rights of appeal and waiver of hearings. If the appropriate District Judge acquits the defendant, the District Judge shall certify to the City Traffic Officer the transcript of the hearing and his/her disposition of the case. The appropriate District Judge shall thereafter, but no later than five days refund to the defendant the amount of immobilization, towing and storage charges paid by him or on his behalf.
[Ord. 7-2018, passed 3-17-2018]
(a) 
The City Traffic Officer is hereby authorized to impose and collect a charge of $200 to cover the costs of immobilization of vehicles. A notice of this charge shall be given on the warning notice placed on each immobilized vehicle as provided for in Section 530.02(b).
(b) 
The City Traffic Officer is hereby authorized to impose and collect charges for tows authorized by this article and as found in Article 527 of this Title.