As used in this article, the following terms shall have the
meanings indicated:
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.
An outstanding violation of the parking, standing or stopping
regulations of the Township of Lancaster or Pennsylvania Motor Vehicle
Code for which a citation has been filed with a District Justice 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.
A motor vehicle found parked within the Township upon any public
ground at any time may, by or under the direction of a police officer
and/or parking enforcement personnel of the Township of Lancaster,
be booted if there are three 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 Board of Supervisors. The hearing shall be
held during normal business hours within one business day 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 § 263-40. If such compliance has not occurred within 48 hours, the vehicle shall be towed or impounded. Towing and storage fees as specified in Article VI of this chapter shall be paid, along with fees specified in § 263-42 of this article, 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.
The owner of a booted vehicle shall be subject to a fee of $50
for such immobilization.
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 $100 nor more than $300, together with
costs of prosecution, or imprisoned for not more than 30 days, or
both.
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.
