[Added 12-19-2006 by Ord. No. 1184,
approved 12-19-2006]
This article is enacted as an enforcement procedure
for protection of the public peace, safety and welfare and the safeguarding
of property and shall be used generally for the prevention and removal
of traffic hazards, prevention and abatement of public nuisances arising
from traffic law violations and for the protection of the public rights
in the use of Borough streets and roads.
As used in this article, the following terms
shall have the meaning indicated:
A police officer of the Stroud Area Regional Police Department
or parking enforcement officer of the Borough of East Stroudsburg
and/or any designees thereof who are authorized by Borough Council
to engage in the enforcement of parking ordinances of the Borough
of East Stroudsburg.
The act of immobilizing a motor vehicle in such a manner
as to prevent its operation; however, no such vehicle shall be immobilized
by any means other than by the use of a device or other mechanism
which will cause no damage to such vehicle unless it is moved with
such device or mechanism in place, and which device is certified as
acceptable by the Stroud Area Regional Police Department.
Any identifying card and plate or plates issued to evidence
authority for a motor vehicle to be operated on a public street or
highway 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.
Includes, but is not limited to, parks, public parking lots,
streets, highways and roads.
Violations of the ordinances and regulations of the Borough
of East Stroudsburg, or violations of the provisions of Title 75,
the Pennsylvania Vehicles 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.
[Added 10-6-2009 by Ord. No. 1225, approved 10-6-2009]
Citations for unpaid parking violations for which a citation
and summons have been issued which either remain unpaid after the
time for payment set forth in the citation and summons or for which
a warrant has been issued, and including adjudicated citations for
which the fines and costs imposed remain unpaid. This shall include
payment plans set by the District Justice or brought before the Borough
that are in default or have not been fulfilled as agreed to by the
individual issued the citation.
[Amended 10-6-2009 by Ord. No. 1225, approved 10-6-2009]
Violations of the ordinances and regulations of the Borough
of East Stroudsburg, or violations of the provisions of Title 75,
the Pennsylvania Vehicles 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 of the parking ticket.
[Amended 10-6-2009 by Ord. No. 1225, approved 10-6-2009]
[Amended 10-6-2009 by Ord. No. 1225, approved 10-6-2009]
A.
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 Stroud Area Regional Police Department or by or under the direction
of any parking enforcement officer of the Borough, be booted if there
are five or more unsettled citations and/or unsettled parking violations
pending against the owner, or any co-owner, of the vehicle. No further
notice to the owner or co-owner of the vehicle is required before
the vehicle is booted under the provisions of this section.
B.
If a payment
plan has been reached by the owner with the Borough or District Justice
as to payment of any one or all five or more unsettled citations and/or
unsettled parking violations, and the owner or any co-owner defaults
on that payment plan, or fails to pay as agreed, the vehicle may be
booted without any further notice to the owner or co-owner.
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 District Justice 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
The boot shall remain in place for 48 hours, except as provided below, unless the owner has complied with § 150-80 of this article regarding payment of fines, costs and fees. If such compliance has not occurred within 72 hours, the vehicle shall be towed or impounded in accordance with Article V of this chapter. 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 § 150-80 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 East Stroudsburg hereby elects
to be subject to the provisions of Section 6309.1 of Title 75, the
Pennsylvania Vehicle Code, 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.
The owner or co-owner of the booted vehicle
shall be individually and separately responsible to pay a fee of $50
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 Stroud Area Regional Police Department, or parking enforcement
officers of the Borough of East Stroudsburg, to enforce the provisions
of this article.
Nothing in this article shall be construed to
deprive any person of his or her constitutional right to a hearing
or trial as to the violations for which parking tickets, notices,
or citations have been issued.
