This article is enacted under authority of Section
6109(a-22) of the Vehicle Code,[1] and gives authority to the Borough of New Hope 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.
[1]
Editor's Note: 75 Pa C.S.A. §§ 101
et seq. as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania.
The Borough of New Hope 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 § 259-79 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 towaway zones. Signs shall be posted
to place the public on notice that their vehicles may be towed for
violation of the Borough parking regulations:
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Street
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Side
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Between
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|---|---|---|
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(Reserved)
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[Amended 6-13-2007 by Ord. No. 2007-08]
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 the Chief of Police. Every such
garage shall submit evidence to the Chief of Police that it is bonded
or has acquired liability insurance in an amount satisfactory to the
Chief of Police 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 the Chief of Police its schedule of charges
for towing and storage of vehicles under this chapter, and, when the
schedule is approved by the Chief of Police, 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. The Chief of Police 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 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 New Hope 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 VIII 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,[1] 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).
[1]
Editor's Note: See 75 Pa. C.S.A. § 7311.
