[HISTORY: Adopted by the Borough Council of the Borough of
East Greenville as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 91.
[Adopted 4-24-2012 by Ord. No. 2012-02; amended in its entirety 12-7-2015 by Ord. No. 2015-03]
The following rules and regulations shall be applicable to all
municipal parking lots on properties owned by the Borough of East
Greenville:
A.
Parking is prohibited at said municipal lots from 12:00 midnight
until 6:00 a.m. at all times all year long.
B.
Commercial vehicles. Parking of any commercial vehicle as herein
described is prohibited at all times. A commercial vehicle is any
truck, truck-trailer or commercial vehicle having a gross vehicle
weight of 9,001 pounds or greater, or a Class A to Class C vehicle
having a gross vehicle weight of between 5,000 and 9,000 pounds which
is affixed in combination with a trailer or other apparatus regardless
of the weight thereof.
C.
Recreational vehicles and general-purpose trailers. Parking of any
recreational vehicle or general-purpose trailer, as herein described
is prohibited at all times. A recreational vehicle and general-purpose
trailer is any motor home, travel trailer, camper trailer, boat, boat
trailer, or general-purpose trailer designed to be towed by any motorized
vehicle for transport of lawn equipment, other devices or commodities,
regardless of size or weight.
D.
Parking is prohibited at said municipal lots at all times during
which a snow emergency has been declared for the Borough of East Greenville.
E.
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.
F.
Penalties. Any person or persons who violate this article by parking
in said municipal lots when parking is prohibited shall be subject
to either a fine of not less than $25 or the vehicle 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.
[Amended 1-21-2019 by Ord. No. 2019-02]
G.
Applicability and scope. This article is enacted under authority
of § 6109(a-22) of the Pennsylvania Vehicle Code[1] 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.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
H.
Authority to remove and impound.
(1)
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 G 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.
(2)
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.
I.
Municipal parking lot tow-away zones. All municipal parking lots on properties owned by the Borough of East Greenville 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 between the hours of 12:00 midnight and 6:00 a.m. each day and at such other times as per the provisions of Subsections D and E of this section.
J.
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.
K.
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.
L.
Reclamation costs. In order to reclaim his vehicle, the owner shall
pay towing and storage costs.
M.
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.
N.
Restrictions upon removal of vehicles. No vehicle shall be removed
under the authority of this article or the Pennsylvania Vehicle Code[2] 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.
[2]
Editor's Note: See 35 P.S. § 691.1 et seq.
O.
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 PennDOT, in accordance with § 7311 of the Pennsylvania 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).
P.
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.
Q.
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.
R.
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.
S.
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.
T.
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.
U.
This chapter
shall be enforced by the police officers of the Borough of East Greenville
Police Department and also by the Borough's Code Enforcement Officer.
[Added 1-21-2019 by Ord. No. 2019-02]
