[Adopted as Article 518 of the Codified Ordinances]
As used in this article, the following words
shall have the following meanings:
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.
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.
A.
The owner of a booted vehicle, or other authorized
person, shall be permitted to secure release of the vehicle upon:
B.
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.
