[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.
