[Amended 9-17-2002 by Ord. No. 1130, approved 9-17-2002; 3-4-2014 by Ord. No. 1286, approved 3-6-2014]
A. This article
is enacted under authority of Section 6109(a)(22) of the Pennsylvania
Motor Vehicle Code and gives authority to the Borough to remove and
impound:
(1) Motor vehicles or conveyances that are parked overtime on any street in the Borough, or in unmetered parking lots in the Borough, in violation of any provision of Article
I or
III of this chapter.
(2) Motor vehicles or conveyances parked in metered parking lots in the Borough in violation of any provision of Article
IV of this chapter.
(3) Motor vehicles or conveyances parked on snow emergency routes in violation of a snow emergency declaration in violation of any provision of Article
VI of this chapter.
B. All costs and expenses for removal and impounding pursuant to this
article shall be borne by the applicant.
[Amended 9-17-2002 by Ord. No. 1130,
approved 9-17-2002]
A. The Borough shall have the authority to remove and impound, or to order the removal and impounding, of any motor vehicle or conveyance parked overtime or otherwise illegally, provided that the circumstances of its parking were within the conditions stated in §
150-38 of this article and provided that no such vehicle shall be removed or impounded except in strict adherence to the provisions of this article.
B. If any motor vehicle/conveyance is illegally parked
in violation of any of the provisions of this chapter or of any applicable
provision of the Motor Vehicle Code of the Commonwealth of Pennsylvania,
and whose owner is delinquent in payment offines and costs imposed
by a District Magistrate as a result of his/her violation of the parking
laws of the Borough of East Stroudsburg or the Commonwealth of Pennsylvania,
then the owner's motor vehicle(s) or conveyance(s) shall be prohibited
from parking on any streets within the Borough and shall be seized,
removed and impounded.
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 the Borough Council. Every such
garage shall submit evidence to the Borough Council that it is bonded
or has acquired liability insurance in an amount satisfactory to the
Borough Council as sufficient to indemnify owners of impounded vehicles
against loss or damage to those vehicles while in the custody of the
garagekeeper for the purpose of towing or storage. The approved storage
garage shall submit to the Borough Council its schedule of charges
for towing and storage of vehicles under this article, and when the
schedule is approved by the Borough Council, those charges shall be
adhered to by the approved storage garage. No different schedule of
charges shall be adopted without approval of the Borough Council,
and no different charges shall be demanded of or collected from any
person whose vehicle is removed or impounded under this article by
any approved storage garage. The 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.
[Amended 9-17-2002 by Ord. No. 1130, approved 9-17-2002]
Within 24 hours from the time of removal of
any motor vehicle or conveyance under authority granted by this article,
notice of the fact that the vehicle or conveyance 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 or conveyance
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 payment of any towing or storage
charges is made under protest, the offender shall be entitled to a
hearing before a District Justice. 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.
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.
[Amended 9-17-2002 by Ord. No. 1130,
approved 9-17-2002]
Before the owner or duly authorized person shall
be allowed to repossess or to secure the release of a vehicle or conveyance
that has been impounded pursuant to the provisions of this article,
he or she shall pay the following:
A. The cost of towing the vehicle or conveyance as charged
by the approved storage garage.
B. The cost of storage for each day or portion of a day
that the approved storage garage has charged for storing the vehicle/conveyance.
C. The total amount due on all outstanding parking fines
owed to the Borough of East Stroudsburg, including costs, and the
satisfaction of all outstanding warrants.