This article is enacted under authority of 75
Pa.C.S.A. § 6109(a)(22) of the Vehicle Code, and gives authority
to the Borough of Leetsdale 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 of Leetsdale 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 § 285-42 of this article; provided that 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 of Leetsdale parking regulations:
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Street
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Side
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Between
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(Reserved)
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Parking Lot
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|---|---|---|
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(Reserved)
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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 fee of $25, of which $10 shall
be transferred to the Pennsylvania Department of Transportation by
the garage to which the vehicle was taken.
The Borough of Leetsdale 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.
(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 PennDOT in
accordance with 75 Pa.C.S.A. § 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. § 7301
et seq., as amended).
[Added 9-20-1994 by Ord. No. 516]
It shall be unlawful for any owner of any type
of motor vehicle requiring a registration plate and a state inspection
sticker under the applicable provisions of the Vehicle Code to park
or store or permit the same to be parked or stored on any public street
or public way within the limits of the Borough of Leetsdale for a
period in excess of 48 hours, if said motor vehicle does not have
attached to it a current valid registration plate and a current valid
state inspection sticker required under the applicable provisions
of the Vehicle Code.
[Added 9-20-1994 by Ord. No. 516]
It shall be unlawful for any owner of any motor
vehicle requiring a registration plate and a state inspection sticker
under the applicable provisions of the aforesaid Vehicle Code to park
or store or to permit to be parked or stored any such motor vehicle
on any street or way within the Borough when such motor vehicle is
to any extent partially dismantled and inoperable. Further, it shall
be unlawful to make major repairs to vehicles parked on streets or
ways in the Borough.
[Added 9-20-1994 by Ord. No. 516]
A.
Any police officer may remove or cause to be removed
to a nearby garage or other place of safety a vehicle in violation
of any provision of this chapter. Prior to removal of such vehicle
bearing a registration plate by which the last registered owner of
the vehicle can be determined, notice shall be sent by certified mail
to the last registered owner of the vehicle informing him that unless
the vehicle is moved to a suitable location within five days of the
date the notice is mailed, the vehicle will be removed and held at
a suitable facility where it may be reclaimed. If the vehicle does
not bear an identifiable registration plate, the notice may be secured
to the vehicle.
B.
Within the five-day period, the owner shall be given,
if requested, an opportunity to explain to police officers or the
department why the owner believes the vehicle should not be removed.
If the police officers or department decide that the vehicle shall
be moved, the owner shall be given an additional 48 hours to move
the vehicle or have it moved.
[Added 9-20-1994 by Ord. No. 516]
In order to reclaim his vehicle, the owner shall
pay towing and storage cots, plus a fee of $25, of which $10 shall
be transferred to the Pennsylvania Department of Transportation by
the garage to which the vehicle was taken.
[Added 9-20-1994 by Ord. No. 516]
Any person who shall violate any provision of §§ 285-52 through 285-55 shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $300 together with all costs of disposing of the vehicle under provisions of the Vehicle Code, 75 Pa.C.S.A. § 7301 et seq. (1977), as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
