This article 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 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.
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 §
192-40 of this article. Provided: 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.
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 Borough parking regulations:
Street
|
Side
|
Between
|
Parking Lot
|
---|
(Reserved)
|
Removal and impounding of vehicles under this
article 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 article, 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 article 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 article.
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.
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.
The Borough shall cause a record to be kept
of all vehicles impounded under this article 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 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.
Any person who shall violate any provision of
this article 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 Pa.C.S.A. § 7301 et seq.,
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 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 Vehicle Code (75 Pa.C.S.A. § 7301 et seq.,
as amended).