A.
This article is enacted under authority of Section
6109(a)(22) of the Vehicle Code[1] and gives authority to the Borough to remove and impound:
(3)
Vehicles parked in any fire zone or fire lane; and
(4)
Vehicles parked in or on snow emergency routes.
[1]
Editor's Note: See 75 Pa.C.S.A. § 6109(a)(22).
B.
The Borough shall have the authority to remove and
impound vehicles operated on a public highway within the Borough that
are not properly registered, inspected or titled, that are not in
safe operating condition or that are not operated by a licensed driver.
The Borough shall have the authority to remove and impound, or to order the removal and impounding of, any vehicle parked overtime or otherwise parked illegally, provided that the circumstances of its parking were within the conditions stated in § 285-72. However, no such vehicle shall be removed or impounded except in strict adherence to this article.
The 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 Council. Every such garage shall
submit evidence to Council that it is bonded or has acquired liability
insurance in an amount satisfactory to 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 Council its
schedule of charges for towing and storage of vehicles under this
article, and, when the schedule is approved by Council, such charges
shall be adhered to by the approved storage garage. No different charges
shall be demanded of or collected from any person without the approval
of Council, and no different charges shall be demanded of or collected
from any person whose vehicle is removed and impounded under this
article by any approved storage garage. 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.
Within 12 hours from the time of removal of
any vehicle under authority granted by this article, notice of the
fact that the vehicle was removed shall be sent by the Borough to
the owner of record of the vehicle. The notice shall designate the
place from which the vehicle was removed, the reason for its removal
and impounding and the garage in which it was impounded.
The payment of any towing and storage charges
authorized by this article shall, unless payment is made under protest,
be final and conclusive and shall constitute a waiver of any right
to recover the money so paid. If the payment of any towing or storage
charges is made under protest, the offender shall be entitled to a
hearing before a Magisterial District Judge. 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 a violation of any of the
provisions of this article for which the vehicle was removed or impounded.
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
vehicles.
No vehicle shall be removed under the authority
of this article 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.
Council, by resolution, shall designate an approved
storage garage and rate schedule.
