[Adopted 12-20-2012 by Ord. No. 1329]
For the purpose of this article, the following terms and words
are defined as follows:
The act of immobilizing a motor vehicle in such manner as
to prevent its operation with a device or by means which will cause
no damage to the 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
or 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 fines and costs imposed are unpaid.
Violations of the parking, standing or stopping regulations
of the Borough of Clearfield or the Pennsylvania Motor Vehicle Code
which are outstanding and unpaid over 30 days from the date of issuance.
A motor vehicle found parked within the Borough of Clearfield
upon any public ground, street, roadway, highway, traffic way, alleyway
or thoroughfare, at any time, may, by or under the direction of the
Chief of Police of the Clearfield Borough Police Department, be booted
if there are three 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.
Upon booting of such motor vehicle, the Borough employee or
police officer of the Clearfield Borough Police Department 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 such that any attempt to move the vehicle might result in damage
to the vehicle. The notice shall outline the procedure for obtaining
removal of the boot. As soon as practicable, the Borough employee
or police officer of the Clearfield Borough Police Department shall
provide the owner of the booted vehicle, at his request, with a list
of the prior unsettled parking citations, prior unsettled citations
or arrest warrant 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:
A.
Depositing of the collateral required for his or her appearance before
a Magisterial District Judge to answer for each unsettled citation
and each unsettled parking violation; or
B.
Paying the amount of the fine, penalty and court costs, if any, for
each unsettled citation and each unsettled parking violation; and
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, in
writing, within 10 days after the vehicle is booted and shall be conducted
by the Mayor of Clearfield Borough who shall have full authority to
investigate the booting action and either approve the same or reverse
the booting determination and order that the boot be removed. 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 article.
The boot shall remain in place for 72 hours, except as provided below, unless the owner has complied with § 485-89 of this article regarding the payment of fines, costs and fees. If such compliance has not occurred within 72 hours, the vehicle shall be towed and impounded at the owner's expense. If the booting occurs when a vehicle is parked in violation of any provision of the law or any ordinance of Clearfield Borough, 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 shall be paid along with the fees specified in § 485-89 of this article 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 abandoned and subject to disposal, as such, in the manner authorized by law.
The owner of the booted vehicle shall be subject to a fee of
$75.
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 article, 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 $500, together with
the cost of prosecution, or be imprisoned for not more than 30 days,
or both.
It shall be the duty of the officers of the Clearfield Borough
Police Department or any other designated Borough employee of the
Borough of Clearfield, acting in accordance with the instructions
of the Chief of Police, to enforce the provisions of this article.
The provisions of this article shall take effect on January
1, 2013.
