As used in this article, the following words shall have the following meanings:
BOOT, BOOTING or BOOTED The act of immobilizing a motor vehicle in such a manner as to prevent its operation with a device or by means which will cause no damage to such vehicle unless it is moved while such device is in place or such means are employed.
UNSETTLED PARKING VIOLATIONS Outstanding violations of the parking, standing or stopping regulations of Chapter
285 of the Code of the City of Lancaster or the Pennsylvania Motor
Vehicle Code for which citations have been filed with a Magisterial District Judge 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.
[Amended 2-22-2011 by Ord. No. 4-2011]
[Amended 11-15-2005 by Ord. No. 19-2005; 2-22-2011 by Ord. No. 4-2011]
A motor vehicle found parked within the City upon any public street or parking lot at any time may, by or under the direction of an officer or member of the Bureau of Police of the City of Lancaster, be booted if there is one or more unsettled parking violations pending against the owner of the motor vehicle.
Upon booting of such motor vehicle, the officer or employee shall 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 or employee shall provide the owner of the booted vehicle, at his request, with a list of the prior unsettled parking violations for which or on account of which such vehicle was booted.
The boot shall remain in place for 48 hours unless the owner has complied with §
285-99. If such compliance has not occurred within 48 hours, the
vehicle shall 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, as specified in Article
VI of this chapter, shall be paid, along with fees specified in §
285-99 before the owner of such
vehicle, or authorized person, shall be permitted to repossess or secure the release of the
vehicle. 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.
[Amended 11-15-2005 by Ord. No. 19-2005]
The owner of a booted vehicle shall be subject to a fee of $50 for such immobilization.
[Amended 11-15-2005 by Ord. No. 19-2005]
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 $300 nor more than $1,000, together with cost of prosecution, or be imprisoned for not more than 90 days, or both. In addition, such person shall pay the City the cost to repair the damage to or replace the boot.
This article shall be enforced by the Bureau of Police of the City of Lancaster, and the Chief of the Bureau shall have authority for implementing the parking enforcement provisions thereof and to promulgate such rules and regulations as are necessary therefor, which regulations shall become effective upon approval by the Council.
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 citations have been issued.