The following words and phrases in this article
shall have the meanings set forth in this section:
The act of immobilizing a motor vehicle in such a manner
as to prevent its operation, with a device or by means which render
the vehicle immovable while such device is in place or such means
are employed.
Includes, but is not limited to, parks, public parking lots,
streets, highways and trafficways.
Citations for unpaid parking violations for which a citation/summons
has been issued to which either no response has been made within the
response period or for which a warrant has been issued, and including
adjudicated citations for which the fines and costs imposed are unpaid.
Violations of the ordinances and regulations of the Borough
of Clarion, or violations of the provisions of Title 75, the Pennsylvania
Vehicle Code, relating to parking, standing or stopping of vehicles,
for which a parking ticket has been issued and for which payment is
outstanding and unpaid for over 30 days from the date of issuance.
[Amended 9-5-2000 by Ord. No. 00-697]
A vehicle found parked within the Borough upon
any public ground or property at any time, may, by or under the direction
of any police officer of the Police Department or by or under the
direction of the Borough Manager or his designee, be booted if there
are one or more active arrest warrants as a result of parking violations
pending against the owner or any co-owner of the vehicle.
Upon booting of such vehicle, the police officer
or authorized employee of the Borough shall place or cause to be placed
on the vehicle, in a conspicuous manner, notice sufficient to warn
a reasonably observant 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 police officer or
employee of the Borough shall provide the owner of the vehicle, at
his request, with a list of the unsettled violations or unsettled
citations and shall serve any outstanding warrants for which, or on
account of which, the vehicle was booted.
The owner of a booted vehicle, or a person authorized
by the owner, shall be permitted to secure the release of the vehicle
upon:
A.
Payment of the collateral required for his or her
appearance before a Magisterial District Judge to answer for each
unsettled citation or outstanding warrant or paying the amount of
the fine, penalty and costs, if any, for each unsettled citation and
each unsettled parking violation; and
[1]
Editor's Note: Former § 205-33.5,
Immobilization hearing, was repealed 9-5-2000 by Ord. No. 00-697.
The boot shall remain in place for 48 hours, except as provided below, unless the owner has complied with § 205-33.4 of this article regarding payment of fines, costs and fees. 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 violation of any provision of the law or any ordinance of the Borough, or if the booted vehicle or immobilization device appears to have been tampered with, then such vehicle is subject to immediate towing and impounding. Towing and storage fees shall be paid, along with the fees specified in § 205-33.4 of this article, before the owner of the vehicle or person authorized by the owner shall be permitted to repossess or secure release of the vehicle. Vehicles unclaimed within 30 days of towing and storage shall be deemed abandoned and subject to disposal, as such, in the manner authorized by law.
The Borough of Clarion hereby elects to be subject
to the provisions of Section 6309.1 of Title 75, the Pennsylvania
Vehicle Code,[1] relating to the impoundment of vehicles for nonpayment
of fines; vehicles or combinations with a gross vehicle weight rating
of 17,000 pounds or less.
[1]
Editor's Note: See 75 Pa.C.S.A. § 6309.1.
[Amended 12-20-2013 by Ord. No. 2013-798]
The owner or co-owner of the booted vehicle
shall be individually and separately responsible to pay the fee as
set by resolution of Borough Council for such immobilization.
Any person who shall tamper with, injure, damage,
deface, remove or attempt to remove any device used to immobilize
a vehicle which has been booted pursuant to this article, or who shall
move or attempt to move the booted vehicle before the 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 $600, together with the cost of prosecution, or
be imprisoned for not more than 30 days, or both, and shall be required
to make full restitution for damages caused by such actions.
It shall be the duty of the police officers
of the Police Department or employees designated by the Borough Manager
to enforce the provisions of this article.
Nothing in this article shall be construed to
deprive any person of his constitutional right to a hearing or trial
as to the violations for which parking tickets, notices or citations
have been issued.
