[Adopted as Article 518 of the Codified Ordinances]
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 owner of a booted vehicle, or other authorized person, shall be permitted to secure release of the vehicle upon:
Depositing of the collateral required for his appearance before a Magisterial District Judge to answer for each unsettled parking violation; or
[Amended 2-22-2011 by Ord. No. 4-2011]
Paying the amount of the fine, penalty and court costs, if any, for 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 within 15 days after the vehicle is booted and shall be conducted by a hearing officer appointed by the Mayor. The hearing shall be held during normal business hours within five business days of the demand therefor. The post-immobilization hearing will not be determinative of or adjudicate the merits of any citation 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 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.