This article is enacted under authority of § 6109(a)(22)
of the Vehicle Code, and gives authority to the Township of Swatara 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 Motor
Vehicle Code.
The Township of Swatara 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 §
271-39 of this article, and 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 Township parking regulations.
Street or Parking Lot
|
Side
|
Between
|
---|
South 40th Street [Added 12-2-2015 by Ord.
No. 2015-13]
|
Both
|
Northern line of Chambers Hill Road and southern line of Paxton
Street/Bass Pro Drive
|
Grayson Road [Added 3-6-2013 by Ord.
No. 2013-4]
|
North
|
A point located 46 feet east of the easternmost curbline extension
of Eastern Drive and, in a westerly direction, a point located 268
feet east of the railroad tracks crossing Grayson Road
|
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 Board of Commissioners. Every such
garage shall submit evidence to Board of Commissioners that it is
bonded or has acquired liability insurance in an amount satisfactory
to Board of Commissioners 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 Board of Commissioners its schedule
of charges for towing and storage of vehicles under this chapter,
and, when the schedule is approved by Board of Commissioners, 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. Board of Commissioners 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 the violation of the provision of this chapter
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 Township of Swatara 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 § 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. § 101
et seq., as amended).