[HISTORY: Adopted by the Borough Council of the Borough of East Greenville as indicated in article histories. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 91.
Article I Parking Regulations
[Adopted 4-24-2012 by Ord. No. 2012-02; amended in its entirety 9-24-2013 by Ord. No. 2013-10]
§ 53-1 Parking provisions established; violations and penalties; towing, impounding and reclamation of vehicles.
The following rules and regulations shall be applicable to the municipal parking lot located behind the Borough Building located at 206 Main Street, East Greenville, Pennsylvania 18041 and to Colonial Village Clubhouse parking spaces numbered 1 through 10 in the parking lot adjacent to the parcel:
Parking is prohibited at said municipal lots from 12:00 midnight until 6:00 a.m. at all times all year long.
Parking is prohibited at said municipal lots at all times during which a snow emergency has been declared for the Borough of East Greenville.
Parking is prohibited at said municipal lots at such times that it is for the benefit and in the best interest of the Borough, to be determined by the Mayor of the Borough of East Greenville or if the Mayor is unavailable, then by the Borough Manager and if the Borough Manager is unavailable, then by the President of the Borough Council of East Greenville, Pennsylvania.
Penalties. Any person or persons who violate this article by parking in said municipal lots when parking is prohibited shall be subject to being towed by a towing company designated by the Borough of East Greenville and subject to paying the costs of the towing company and impoundment of illegally parked vehicles.
Applicability and scope. This article is enacted under authority of § 6109(a-22) of the Vehicle Code and gives authority to the Borough of East Greenville to remove and impound those vehicles which are parked in a tow-away zone and in violation of parking regulations of this article. Vehicles which have been abandoned (as defined by the Vehicle Code) or which are parked in such a manner as to interfere with traffic or pose a hazard to others may be towed under the provisions of the Pennsylvania Vehicle Code.
Editor's Note: See 75 Pa.C.S.A. § 6109(a)(22).
Authority to remove and impound.
An approved towing company shall have authority to remove and impound any vehicle parked overtime or otherwise illegally, provided that the circumstances of its parking were within the conditions stated in Subsection E of this section. No such vehicle shall be removed or impounded except in strict adherence to the provisions of this article or the provisions of the Pennsylvania Vehicle Code.
By separate resolution, the East Greenville Borough Council shall authorize one or more individuals or entities to be authorized to notify an approved towing company to remove and impound a vehicle. No other person or entity shall be authorized to request the removal of a vehicle which is in violation of this article.
Municipal parking lot tow-away zones. The following designated parking lots are hereby established as tow-away zones. Signs shall be posted to place the public on notice that their vehicles may be towed for violation of the Borough parking regulations at the following location: in the East Greenville Municipal Parking Lot located behind the East Greenville Borough Building, at 206 Main Street, East Greenville, Pennsylvania 18041, and the Colonial Village Clubhouse parking spaces numbered 1 through 10 in the parking lot adjacent to the parcel, between the hours of 12:00 midnight and 6:00 a.m. each day and at such other times as per the provisions of Subsection B and C of this section.
Designation of approved storage facilities; bonding; towing and storage. Removal and impounding of vehicles under this article shall be done only by approved storage facilities that shall be designated from time to time by the Borough of East Greenville, Pennsylvania 18041. Every such facility shall submit evidence to the Borough Council that it is bonded or has acquired liability insurance in an amount satisfactory to the Borough Council as sufficient to indemnify owners of impounded vehicles against loss or damage to those vehicles while in the custody of the garage keeper for the purpose of towing or storage. The approved storage facility shall submit to the Borough Council its schedule of charges for towing and storage of vehicles under this article, and, when the schedule is approved by Borough Council, those charges shall be adhered to by the approved storage facility; no different schedule of charges shall be demanded of or collected from any person whose vehicle is removed or impounded under this article by any approved storage facility. The Borough Council shall delete from its list of approved storage facilities any facility that makes any unapproved charge in connection with any vehicle removed or impounded under this article.
Payment of towing and storage charges. The payment of towing and storage charges shall not relieve the owner or driver of any vehicle from liability for any fine or penalty for the violation of the provision of this article for which the vehicle was removed or impounded.
Reclamation costs. In order to reclaim his vehicle, the owner shall pay towing and storage costs.
Records of vehicles removed and impounded. The Borough shall cause a record to be kept of all vehicles impounded under this article and shall be able to at all reasonable times furnish the owners or the agents of the owners of those vehicles with information as to the place of storage of the vehicle.
Restrictions upon removal of vehicles. No vehicle shall be removed under the authority of this article or the Vehicle Code if, at the time of the intended removal, the owner or the person for the time being in charge of the vehicle is present and expresses a willingness and intention to remove the vehicle immediately.
Reports and disposition of unclaimed vehicles. If after a period of 15 days the vehicle in storage remains unclaimed, a report shall be filed with Penn DOT, in accordance with § 7311 of The Vehicle Code, by the person having legal custody of the vehicle. If the vehicle has not been claimed after 30 days, the vehicle may be transferred to a licensed salvor who will then be responsible for filing the proper reports and disposing of the vehicle in accordance with the provisions of Chapter 73 of the Pennsylvania Motor Vehicle Code (75 Pa.C.S.A. § 101 et seq., as amended).
Editor's Note: See 75 Pa.C.S.A. § 7311.
Towing and storage charges. Every such approved storage facility shall have authority to charge the owner of record of every such impounded vehicle the towing and storage charges that shall be fixed and approved by resolution of the Borough Council.
Garage to post bond. Every such approved storage facility shall furnish a bond or have acquired liability insurance in an adequate amount as shall be fixed by the Borough Council, for the indemnifying of the owner of any such impounded vehicle against the loss thereof or injury or damage thereto while in the custody of the keeper of the pound.
Notification to owners of impounded vehicles. Within 72 hours from the time of removal of any vehicle under authority granted by this article, notice of the fact that such vehicle has been impounded shall be sent by the towing operator to the owner of record of such vehicle. Such notice shall include the make, model, title number, vehicle identification number and registration plate number, the location where the vehicle is held, notification of the right to reclaim said vehicle within 30 days after the date of the notice upon payment of towing and storage charges and notification that failure to reclaim said vehicle is deemed consent to the disposition of the vehicle.
Effect of payment of towing and impoundment charges without protest. The payment of any towing and impounding charges, authorized by this article, shall, unless such payment shall have been made under protest, be final and conclusive and shall constitute a waiver of any right to recover the money so paid.
Effect of paying of towing and impounding charges under protest. In the event that any towing and impounding charges, authorized by this article, shall be paid under protest, the offender shall be entitled to a hearing before a district justice or court of record having jurisdiction, in which case the defendant shall be proceeded against and shall receive such notice as is provided by the Vehicle Code, 75 Pa.C.S.A. §§ 101 through 9701, as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania, in other cases of summary offenses and shall have the same rights as to appeal and waiver of hearing.