[Ord. No. 1066, 8/11/2025[1]]
For the purpose of this Part, the following definitions, in addition to those set forth in § 15-101, shall apply:
BOOT, BOOTING or BOOTED
Means the act of immobilizing a motor vehicle in such a manner as to prevent its operation with a device or by means which shall cause no damage to such vehicle unless it is moved while such device is in place or such means are employed.
PRIVATE PROPERTY
Means any real property owned by any person, organization, limited liability company, trust or other business entity located within the Town which is not encompassed within the definition of "public property" as defined herein. For clarity, the term "private property" includes all other real property except public property.
PUBLIC PROPERTY
Means any highway, public right-of-way, street, alley, or road as well as all other property in the Town owned, operated and/or under the control of the Town or any other governmental entity.
UNRESOLVED AND DELINQUENT VIOLATIONS
Means any outstanding violations of the parking, standing or stopping regulations of the Code of the Town of Bloomsburg or the Pennsylvania Motor Vehicle Code[2] for which citations have been filed with a District Magistrate and a summons has been issued to which either no response has been made or for which a warrant has been issued, and including adjudicated citations where the fine and costs imposed are unpaid.
[1]
Editor's Note: This ordinance also repealed former Part 10, Immobilization of Illegally Parked Vehicles, adopted by Ord. 641, 10/9/1978; as added by Ord. 785, 5/13/1996, § 2; and as amended by Ord. 876, 6/28/2004, § 6; Ord. 920, 2/9/2009, § 18; and Ord. 964, 2/23/2015.
[2]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[Ord. No. 1066, 8/11/2025]
1. 
This Part shall be applicable to any vehicle:
A. 
Which is parked on public property in violation of any parking regulation in this chapter and which is determined to be either registered to an owner who has three or more unresolved and delinquent violations of the Town or which is the subject of an outstanding warrant from any other law enforcement agency; and
B. 
Which is parked or unattended on private property without the consent of the owner or other person in control and/or possession of the property, except in the case of emergency or disablement of the vehicle, in which case the operator of the motor vehicle shall arrange for the removal of the vehicle as soon as possible.
[Ord. No. 1066, 8/11/2025]
1. 
Public Property. The Town shall have the sole and exclusive authority to boot any vehicle parked illegally under the circumstances described in § 15-1002, Subsection 1.A, on public property by application or attachment of a parking boot.
2. 
Private Property. The provisions of this Part shall apply to any person and/or entity, other than the Town, who boots motor vehicles on private property within the municipal boundaries of the Town.
[Ord. No. 1066, 8/11/2025]
Upon attachment of a boot to a vehicle on public property by a Town police officer as authorized by this Part, the police officer shall affix to the vehicle a notice directing the owner and/or operator of the vehicle to contact the Town Police Department for information on obtaining the release of the vehicle. In addition, within 12 hours after the application of the booting device, notice of the fact that such vehicle has been booted shall be sent by the Town Chief of Police or a person designed by the Chief of Police for such purpose to the owner of record of such vehicle. Such notice shall designate the place where the vehicle is booted, the reason for its booting and the procedure for obtaining its release.
[Ord. No. 1066, 8/11/2025]
An illegally parked vehicle which has been booted by the Town as a result of unresolved and delinquent violations shall be released upon payment in full of any fines and costs relating to such overdue and delinquent violations, plus a processing fee in an amount to be established, from time to time, by resolution of Town Council. An illegally parked vehicle which is booted in response to an outstanding warrant from another law enforcement agency shall not be released until such time as the warrant shall be cancelled.
[Ord. No. 1066, 8/11/2025]
The payment of any applicable fines or costs for delinquent violations as a condition precedent for release of a booted vehicle pursuant to § 15-1005 shall not operate to relieve the owner or operator of such vehicle from liability for any fine or penalty for the violation of any parking regulation pursuant to which said vehicle was booted.
[Ord. No. 1066, 8/11/2025]
A vehicle found to be illegally parked on private property may be booted no earlier than 10 minutes after it is discovered. The time that the vehicle was found to be illegally parked shall be placed by a conspicuous notice posted on the vehicle by the person booting the vehicle as well as notice sufficient to warn any individual that the vehicle has been booted, that any attempt to move the vehicle might result in damage to the vehicle and shall also outline the procedure for obtaining removal of the boot. If an illegally parked vehicle is discovered parked blocking the entrance or exit to or from private property, in a marked and signed fire lane, in a marked and signed handicapped space, or wholly or partially on a lawn, the vehicle may be towed immediately, but cannot be booted.
[Ord. No. 1066, 8/11/2025]
Prior to towing a vehicle located on private property which has been booted pursuant to this Part, the boot shall remain in place for 48 hours unless the owner has complied with § 15-1009. If such compliance has not occurred within 48 hours, the vehicle may be towed or impounded. If the booting occurs when a vehicle is parked in any zone regulated by towing provisions, then such vehicle is subject to immediate towing and impounding. Towing and storage fees shall be in an amount not to exceed the fees established, from time to time, by resolution of Town Council. Vehicles unclaimed within 60 days of towing and storage shall be deemed abandoned and subject to disposal as such in the manner authorized by law.
[Ord. No. 1066, 8/11/2025]
1. 
Public Property. The owner of a vehicle which has been booted by the Town shall be subject to a fee in an amount to be established, from time to time, by resolution of Town Council.
2. 
Private Property. The owner of a vehicle which has been booted on private property shall be subject to a fee not to exceed the amount to be established, from time to time, by resolution of Town Council.
[Ord. No. 1066, 8/11/2025]
1. 
Public Property. This provisions of this Part which are applicable to public property shall be enforced solely by the Town of Bloomsburg Police Department.
2. 
Private Property. The booting of vehicles on private property may only be conducted by persons other than persons acting on behalf of the Town in accordance with this Part and in compliance with the provisions of any other applicable laws.
3. 
No vehicle shall be booted from a private parking lot unless the lot is posted at the time the vehicle is booted to notify the public of any parking restrictions and the operator of the vehicle violates those restrictions. Posting shall be in conformance with 67 Pa. Code § 212.115, as amended from time to time. The telephone number of the booting service must be conspicuously posted on all signs.
[Ord. No. 1066, 8/11/2025]
A person and/or business entity engaged in the business of booting is prohibited, either directly or indirectly, from giving or furnishing a rebate or payment of money or any other valuable consideration to a private property owner from whose premises the person and/or business entity has, is about to, or will boot motor vehicles. Private property owners are prohibited from accepting or giving, either directly or indirectly, any rebate, payment of money, or any other valuable consideration from or to a any person and/or business entity engaged in the business of booting in connection with the booting of a motor vehicle from private property except for signs and notices as required in § 15-1010. Property owners are prohibited from having a direct or indirect monetary interest in a booting company that, for compensation, boots motor vehicles on their private property.
[Ord. No. 1066, 8/11/2025]
Any person violating any provision of this Part as the same pertains to booting of vehicles and/or activities regulated under this Part with respect to the booting of vehicles on private property shall be fined $1,000 for each and every violation. Each failure to comply with the requirements of this Part, and each and every day during which such violation continues, shall constitute a separate offense.
[Ord. No. 1066, 8/11/2025]
1. 
Police Powers. The Town, by granting any permit or taking any other action pursuant to this chapter, does not waive, reduce, lessen, or impair the lawful police powers vested in the Town under applicable federal, state and local laws and regulations.
2. 
Previous Ordinances. Any ordinance, or part of any ordinance, conflicting with this Part is hereby repealed insofar as the same affects this Part.
3. 
Severability. If any section, subsection, sentence, clause, phrase or word of this Part is for any reason held illegal or invalid by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and such holding shall not render the remainder of this Part invalid.
4. 
Effective Date. This Part shall become effective immediately upon enactment by the Council of the Town of Bloomsburg and signature by the Mayor.