[HISTORY: Adopted by the Borough Council
of the Borough of Dravosburg 12-17-2002 by Ord. No. 02-06. Amendments noted where
applicable.]
This chapter is enacted under authority of Section
6109(a)(22) of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 101
et seq., as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania, and gives authority to the
Borough of Dravosburg 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 Motor 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 Motor Vehicle Code.
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 this chapter, and
provided further that no such vehicle shall be removed or impounded
except in strict adherence with the provisions of this chapter, or
the provisions of the Pennsylvania Motor Vehicle Code.
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 Borough parking regulations:
|
Name of Street or Parking Lot
|
Side
|
Between
|
|---|---|---|
|
(Reserved)
| ||
Removal and impounding of vehicles under this
chapter 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 the 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 chapter, 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 chapter 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 chapter.
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 violation of any provision of this chapter
for which the vehicle was removed or impounded.
Before performing any repair, mechanical or
body work to any vehicle impounded, the approved storage garage must
notify the vehicle owner or other person authorizing repairs in an
impounded vehicle that there is a right to have any and all vehicle
work performed by the business or person of the vehicle owner's choice.
In order to reclaim his vehicle, the owner shall
pay towing and storage costs, plus a fee as set from time to time
by resolution of the Borough Council, of which $10 shall be transferred
to the Pennsylvania Department of Transportation by the garage to
which the vehicle was taken.
The Borough shall cause a record to be kept
of all vehicles impounded under this chapter 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.
No vehicle shall be removed under the authority
of this chapter, or the Motor 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, intention,
and capacity to remove the vehicle immediately.
Any person who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine of $300, together with all costs of disposing of the vehicle
under provisions of the Motor Vehicle Code, 75 Pa.C.S.A. § 7301
et seq. (1977), as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania.
If after a period of 15 days the vehicle in
storage remains unclaimed, a report shall be filed with the Pennsylvania
Department of Transportation in accordance with § 7311 of
the Motor 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).
