[Ord. 6-2006, 10/18/2006]
This Part is enacted under authority of § 6109(a-22)
of the Vehicle Code and gives authority to the Borough to remove and
impound those vehicles which are parked in a towaway zone and in violation
of parking regulations of this Chapter. 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.
[Ord. 6-2006, 10/18/2006]
The Borough shall have authority to remove and impound, or to order the removal and impounding, of any vehicle parked overtime or otherwise illegally, provided that the circumstances of its parking were within the conditions stated in § 15-801 of this Part. Provided, no such vehicle shall be removed or impounded except in strict adherence to the provisions of this Part, or the provisions of the Pennsylvania Vehicle Code.
[Ord. 6-2006, 10/18/2006; as amended by Ord. 9-2008, 12/17/2008;
and by Ord. 12-2009, 11/18/2009, § 2]
The following designated streets and/or parking lots are hereby
established as tow-away zones. Signs shall be posted to prohibit parking
and to place the public on notice that their vehicles may be towed
for violation of the Borough parking regulations:
|
Name of Street
|
Side
|
Location
|
|---|---|---|
|
East Second Avenue on Fayette Street (Tony and Joe's)
|
Both
|
Between Harry Street and Fayette Street
|
|
First Avenue and Wood Street
|
Both
|
Cul-de-sac
|
|
Pleasant Valley Drive
|
Both
|
Cul-de-sac
|
[Ord. 6-2006, 10/18/2006]
1.
Authorization of Contracts.
A.
The Borough Council shall authorize by contract all services for
the removal of vehicles which are disabled, damaged, snowbound and/or
otherwise which create a safety hazard within the confines of the
Borough. Council shall by public solicitation, from time to time,
define the scope of work to be performed, list equipment and licensing
specifications, review contractor qualifications, require appropriate
insurance, establish safe storage areas and obtain performance guarantees.
B.
Only a contractor selected by Council pursuant hereto shall be granted
the right to operate as a towing service on behalf of the Borough
and any of its departments.
2.
Establishment of Fees. A contractor authorized by the Borough under
any towing agreement by and between the Borough and contractor shall
pay an administrative fee for each vehicle as the Borough Council
shall from time to time authorize by resolution.
3.
Establishment
of Procedures for Towing Service. The Borough Manager shall, from
time to time, promulgate rules and regulations governing the use of
towing contractors authorized to perform towing services under contract
with the Borough. Such rules and regulations shall specify the rotation
(if any) of calls among towing contractors, any Borough-required minimum
operational procedures to be fulfilled, the instances in which Borough
police are authorized to call a towing contractor, and any other such
administrative or operational regulations as the Borough Manager may
deem necessary. All Borough employees and Borough towing contractors
shall be bound to follow the rules and regulations promulgated under
this Part.
[Added by Ord. 2016-04, 8/17/2016]
[Ord. 6-2006, 10/18/2006]
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 Part for which
the vehicle was removed or impounded.
[Ord. 6-2006, 10/18/2006]
In order to reclaim his vehicle, the owner shall pay towing
and storage costs, plus a $25 fee of which $10 shall be transferred
to the Pennsylvania Department of Transportation by the garage to
which the vehicle was taken.
[Ord. 6-2006, 10/18/2006]
The Borough shall cause a record to be kept of all vehicles
impounded under this Part and shall be able at all reasonable times
to furnish the owners or the agents of the owners of those vehicles
with information as to the place of storage of the vehicle.
[Ord. 6-2006, 10/18/2006]
No vehicle shall be removed under the authority of this Part
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.
[Ord. 6-2006, 10/18/2006]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine of $50, together
with all costs of disposing of the vehicle under provisions of the
Vehicle Code, 75 P.S. § 7301 et seq. (1977), as hereafter
amended, supplemented, modified or reenacted by the General Assembly
of Pennsylvania.
[Ord. 6-2006, 10/18/2006]
If after a period of 15 days the vehicle in storage remains
unclaimed, a report shall be filed with PennDOT 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).
