[Ord. 830, 3/18/1992]
This Part is enacted under authority of § 6109(a-22)
of the Vehicle Code, and gives authority to the Forest Hills Borough
to remove and impound those vehicles which are parked in a tow away
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. 830, 3/18/1992]
The Forest Hills 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 § 15-701 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. 830, 3/18/1992;
as amended by Ord. 998, 5/19/2010, § 1]
The following designated streets and/or 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 Forest Hills Borough parking regulations:
|
Street
|
Side
|
Between
|
Parking Lot
|
|---|---|---|---|
|
Ardmore Boulevard
|
East
|
Sumner Avenue and a point 25 feet to the west of Sumner Avenue
| |
|
2067 to 2069 Ardmore Boulevard
[Added by Ord. No. 1090, 12/16/2020] |
Public Works/VFD parking lot
| ||
|
700 Barclay Avenue
[Added by Ord. No. 1090, 12/16/2020] |
Lodge parking lot
| ||
|
4400 Greensburg Pike
[Added by Ord. No. 1064, 5/9/2017; as amended by Ord. No.
1090, 12/16/2020] |
Municipal parking lot
|
[Ord. 830, 3/18/1992]
Removal and impounding of vehicles under this Part shall be
done only by "approved storage garages" that shall be designated from
time to time by Borough Council. Every such garage shall submit evidence
to Borough Council that it is bonded or has acquired liability insurance
in an amount satisfactory to 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 garage shall submit to Borough Council
its schedule of charges for towing and storage of vehicles under this
Part, and, when the schedule is approved by Borough Council, those
charges shall be adhered to by the approved storage garage; no different
schedule of charges shall be demanded of or collected from any person
whose vehicle is removed or impounded under this Part by any approved
storage garage. Borough Council shall delete from its list of approved
storage garages any garage that makes any unapproved charge in connection
with any vehicle removed or impounded under this Part.
[Ord. 830, 3/18/1992]
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. 830, 3/18/1992;
as amended by Ord. 976, 1/16/2008]
In order to reclaim his vehicle, the owner shall pay towing
and storage costs, plus a $50 fee of which $25 shall be transferred
to the Pennsylvania Department of Transportation by the garage to
which the vehicle was taken.
[Ord. 830, 3/18/1992]
The Forest Hills 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. 830, 3/18/1992]
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. 830, 3/18/1992]
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. 830, 3/18/1992]
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. § 110 et seq., as amended).
[Ord. 830, 3/18/1992;
as added by Ord. 976, 1/16/2008]
The Police Chief or his designated representative shall be responsible
for notifying the owner of record of the impoundment of the vehicle;
notification shall be made, by certified mail, within 24 hours of
determination of ownership, providing the vehicle has not already
been released. The Chief shall keep a record of all vehicles impounded
and be able at all times to furnish the owners or agents thereof with
information as to the place of impounding.
[Ord. 830, 3/18/1992;
as added by Ord. 976, 1/16/2008]
The towing and storage charges shall be established in the contracts
with the Borough and private contractors. A copy of the rates charged
for all types of vehicles shall be posted in a conspicuous place in
all designated pounds.
[Ord. 830, 3/18/1992;
as added by Ord. 976, 1/16/2008]
Before the vehicle owner or his agent shall be permitted to
removed an impounded vehicle, the towing and storage charges must
be paid to the pound keeper. Unless such payment shall be made under
protest, as provided for by this Part, it shall be final and conclusive
and shall constitute a waiver of any right to recover the money so
paid.
[Ord. 830, 3/18/1992;
as added by Ord. 976, 1/16/2008]
In the event that any towing and storage charges so imposed
shall be paid under protest, the offender shall be entitled to a hearing
before the magisterial district judge, in which case the offender
shall be given notice as is provided by law in other cases of summary
offenses and shall have the same rights as to appeal and waiver of
hearing.
