[Amended in its entirety 3-20-2006 by Ord. No. 889]
As used in this article, the following terms shall have the meanings indicated:
BOOT
A device consisting of metal clamps or jaws and a padlocking device which, when attached to the wheel of the motor vehicle, prevents the vehicle from being driven.
A. 
Any vehicle having three or more unpaid citations, summonses or other processes issued against it within a twenty-four-month period, charging that such vehicle was parked, stopped or standing in violation of the Commonwealth of Pennsylvania Motor Vehicle Code, this article or any other traffic ordinance of the Borough of Mount Oliver, is deemed to be a public nuisance, and the Police Department or any duly elected Constable, Deputy Constable or representative of the Borough of Mount Oliver assigned to traffic duty is hereby authorized to:
(1) 
Remove such vehicle or cause it to be removed at the sole cost and expense of the habitual violator; or
(2) 
Immobilize such vehicle by means of applying a boot.
B. 
If the vehicle has remained immobilized for a period of 48 hours and release has not been obtained, the police or other persons authorized by the Borough of Mount Oliver shall have the authority to remove such vehicle or cause it to be removed at the sole cost and expense of the habitual violator.
C. 
In any case involving the immobilization of a vehicle pursuant to this section, a notice shall be placed on such vehicle, in a conspicuous manner, sufficient to warn any individual that such vehicle has been immobilized and that any attempt to move such vehicle may result in damage thereto.
A. 
Any act of tampering with or removal of the device shall be separate offenses and may be prosecuted as a violation of the criminal mischief and theft section of the Pennsylvania Crimes Code (18 Pa.C.S.A. §§ 3304 and 3921).
B. 
The Borough of Mount Oliver assumes no liability for loss or damage to said vehicle while immobilized and/or removed.
C. 
The police or other person authorized by the Borough of Mount Oliver shall have the power and is hereby authorized to remove the vehicle by either private or governmental equipment to a place within the Borough of Mount Oliver, wherever possible, or in the event that there is no storage space within the Borough of Mount Oliver, then elsewhere as deemed advisable.
A. 
In the event that the owner of the vehicle believes that the immobilization was not authorized pursuant to this article, he may demand a hearing on the immobilization before the District Magistrate having jurisdiction. Such demand shall be made in writing in accordance with the procedures established by the District Magistrate. Such hearing shall be held when scheduled by the District Magistrate.
B. 
The sole issue to be determined at such hearing on the immobilization shall be whether three or more parking violation citations, summonses or other processes have been issued against the vehicle within a twenty-four-month period and remain unpaid. As to whether or not the citations remain outstanding and unpaid, the certified records as provided by the Borough of Mount Oliver and/or District Magistrate's office having jurisdiction shall be a conclusive presumption of the status of the citations.
C. 
Any person whose vehicle is immobilized or impounded under the provisions of this article shall have the right to leave the vehicle in the facility to which it was towed or immobilized by a boot, pending the hearing referred to in Subsections A and B. If found guilty, such person shall be responsible for all accrued storage charges.
D. 
If the District Magistrate determines that three or more unpaid parking violation citations with a twenty-four-month period are not outstanding and that the towing or the use of the boot was unauthorized, the owner shall be entitled to immediate release and return of the vehicle without the payment of any boot charge, towing fee or storage charges.
E. 
If the District Magistrate determines that the three or more unpaid parking violation citations, summonses or other processes within a twenty-four-month period are outstanding, the owner may obtain release of the vehicle by any of the means set forth in this article.
A. 
Before the owner or his agent is permitted to remove an impounded vehicle from the site to which it was towed, he shall:
(1) 
Pay the immobilization and/or towing charge applicable to this vehicle.
(2) 
Pay the storage charge applicable to this vehicle. The storage charge shall be $35 per day. The rate charged is for each day or fraction thereof.
B. 
In the event that the owner of the vehicle believes that the towing was not authorized, he may demand a hearing on the impoundment before a District Magistrate having jurisdiction. Such demand shall be made in writing in accordance with the procedures established by the District Magistrate. Such hearing shall be held when scheduled by the District Magistrate.
C. 
If the District Magistrate determines that the vehicle was impounded without reasonable cause to believe that it was in violation of this article, the traffic ordinances of the Borough of Mount Oliver, or the laws of the Commonwealth of Pennsylvania, or that the towing was unauthorized, the owner or any person on behalf of the owner with written proof of authority shall be entitled to immediate release and return of the vehicle without the payment of any towing fee or storage charges. However, such a finding shall not preclude a District Magistrate or other court of competent jurisdiction from subsequently requiring payment of towing or storage fees as a part of any penalty imposed in connection with a conviction on the underlying traffic offense.
D. 
If the District Magistrate determines that the vehicle was impounded with reasonable cause, the owner or any person on behalf of the owner (with written proof of authority) may obtain release of the vehicle by the means set forth in Subsection A above.
Payment of immobilization, towing and storage charges unless made under protest, shall be final and conclusive and shall constitute a waiver of any right to recover the money so paid.
If the immobilization, towing and/or impounding charges are paid under protest, the offender shall be entitled to a hearing before a District Magistrate having jurisdiction. The defendant shall be proceeded against and receive such notices as are provided by the Commonwealth of Pennsylvania Vehicle Code in other cases of summary offenses and shall have the same rights of appeal and waiver of hearing. If the District Magistrate acquits the defendant, the District Magistrate shall certify to the Borough of Mount Oliver the transcript of the hearing and his or her disposition of the case, and the Borough Secretary of the Borough of Mount Oliver shall cause, within five days thereafter, a refund to the defendant of the amount of immobilization, towing and/or storage charges paid by the defendant or in his behalf.
A. 
The Borough of Mt. Oliver is hereby authorized to impose and collect a charge of $125 to cover the costs of immobilization of vehicles. A notice of this charge shall be given on the warning notice placed on each immobilized vehicle as provided for in § 248-45C of this article. Fifty dollars of said cost shall be paid to the person authorized to and who in fact did affix the boot at such time as said $125 in costs are conclusively determined to be due the Borough of Mount Oliver, excepting therefrom the members of the Borough of Mount Oliver Police Department.
B. 
The Borough of Mount Oliver is hereby authorized to impose and collect charges for towing vehicles by Borough of Mount Oliver equipment or by private towers in the sum of $110 per tow from the point where the vehicle was located within the Borough of Mount Oliver to the site to which it was towed.
The amount of costs, fees, and fines set forth in this article shall be changed from time to time (as deemed advisable by Council) by resolution of Borough Council, duly adopted at regular or special meetings.