[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 1-1981. Amendments noted where applicable.]
Power to establish removal and impounding procedures: see Vehicle Code, 75 Pa.C.S.A. § 6109(a)(22).
Removal and impounding of vehicles: see Ch. 3-135.
Towing and storage charges: see § 3-135.7.
[Amended by Ord. No. 20-1991; 11-12-2014 by Ord. No. 13-2014]
As used in this chapter, certain terms shall be defined as follows unless the context clearly dictates otherwise:
- AUTHORIZED PERSONNEL
- Sworn police officers, parking enforcement officers and authorized agents of the City.
- The act of immobilizing a motor vehicle in such a manner as to prevent its operation, except that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which shall cause no damage to such vehicle unless it is moved while such device or mechanism is in place, and which device is certified as acceptable by the Chief of Police or authorized agent.
- INDICIA OF OWNERSHIP
- An identifying card and plate or plates issued to evidence authority for a motor vehicle to be operated on a public street, highway or parking facility, or a certificate of title issued to evidence that a person, other than a lienholder, has the property right in or title to a motor vehicle. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person, but excludes a lessee under a lease not intended as security.
[Amended 11-12-2014 by Ord. No. 13-2014]
Any motor vehicle which is listed on the City's or authorized agent's data processing system as having three or more outstanding parking and/or traffic violations issued by the City or any authorized agent for which citations or warrants have been issued by a Magisterial District Judge is subject to booting by authorized City personnel or agents.
Each booted vehicle shall be placarded, in a conspicuous manner, with a standard form indicating the dollar amount of the outstanding violations and the procedure to which the owner must adhere in order to have the boot removed, and such placard shall provide notice sufficient to warn any individual that the subject vehicle has been booted and that any attempt to move such vehicle will result in damage to such vehicle.
[Ord. No. 52-1990; amended 9-28-2010 by Ord. No. 12-2010; 11-12-2014 by Ord. No. 13-2014]
Upon payment of, or proper administrative adjudication concerning, all such outstanding violations, and upon payment of a booting fee of $50, the boot mechanism shall be removed as promptly as reasonable and in no event to exceed one business day, except that the time provision described herein is subject to waiver in the event that the City experiences a civil emergency as declared by the Mayor which prevents authorized City personnel or agents from adhering to the stated time provision. Beginning effective January 1, 2013, the booting fee shall be $75.
Where the owner of a booted vehicle fails to make all payments or secure administrative adjudication as set forth in § 3-143.4 herein within 48 hours from the time the vehicle is booted, said vehicle becomes subject to being towed. To receive information regarding the location of a vehicle which has been towed the owner shall call the telephone number designated on the placard. A towed vehicle shall be released to the owner, subject to a showing of appropriate indicia of ownership, only after full payment of the penalties, fines and fees for which the vehicle was towed plus towing and storage fees, except that proper administrative adjudication shall be a satisfactory mechanism for release of the vehicle.
The time provisions of Subsection A hereof shall not apply to vehicles which are illegally parked when booted, and such vehicles may be towed any time after immobilization.
In the event that a vehicle is towed pursuant to the provisions of this section and within 12 hours from the time of towing of such vehicle, notice of the fact that such vehicle has been towed shall be sent by the Bureau of Police or authorized agents through certified mail to the owner of record of such vehicle, designating the place from which such vehicle was towed, the reason(s) for its being towed, the amount of debt owed by said owner as a result of immobilization and subsequent towing, and the name and address of the place of impoundment.
[Amended 11-12-2014 by Ord. No. 13-2014]
Vehicles which remain for a period exceeding 60 days in the possession of an agent authorized to tow pursuant to the provisions of this chapter shall become subject to the provisions of Chapter 3-135, Removal and Impounding of Motor Vehicles.