As used in this article, the following terms shall have the
meanings indicated:
The act of immobilizing a motor vehicle in such a manner
as to prevent its operation with a device or means which will cause
no damage to such vehicle unless it is moved while such device is
in place or while such means are employed.
A citation 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 includes an adjudicated
citation for which the fines and costs imposed are unpaid.
A violation of the parking, standing or stopping regulations
of the Borough or of the Pennsylvania Motor Vehicle Code which is
outstanding and unpaid over 30 days from the date of issuance.
A motor vehicle found parked within the municipality upon any
public ground at any time may, by or under the direction of the Chief
of Police, be booted if there are five or more unsettled parking violations,
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 a motor vehicle, the 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 officer shall provide the owner of the booted vehicle, at his
or her request, with 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 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 the
Chief of Police. The hearing shall be held during normal business
hours within one business day of the demand thereof. 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, unless the owner has complied with § 530-67. If such compliance has not occurred within 72 hours, the vehicle shall be towed and impounded under the authority of this article. If the booting occurs when a vehicle is parked in violation of any provision of the law or any ordinance of the municipality, then such vehicle is subject to immediate towing and impounding. Towing and storage fees, as established from time to time by Council, shall be paid, along with the fee specified in § 530-70, before the owner of such vehicle or other authorized person 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.
The owner of the booted vehicle shall be subject to a fee of
$50 for such immobilization.
No person 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 move or attempt to move the vehicle booted before
release of the vehicle has been officially secured.
It shall be the duty of the officers of the police department
or other designated employees of the municipality acting in accordance
with the instructions of the Chief of Police to enforce the provisions
of this article.
Nothing in this article shall be construed to deprive any person
of the constitutional right to a hearing or trial as to the violations
for which parking violation notices or citations have been issued.
Whoever violates § 530-71 is guilty of a summary offense and, upon conviction thereof, shall be fined not less than $100 nor more than $300 together with the cost of prosecution or be imprisoned for not more than 90 days, or both.
