This article is enacted under authority of § 6109(a-22)
of the Vehicle Code,[1] and gives authority to the Borough of Bonneauville 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.
[1]
Editor's Note: See 75 Pa.C.S.A. § 6109(a-22).
The Borough 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 § 235-41 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 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 Bonneauville parking regulations:
|
Street
|
Side
|
Between
|
Parking Lot
|
|---|---|---|---|
|
(Reserved)
| |||
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In order to reclaim his vehicle, the owner shall
pay towing and storage costs, plus a $50 fee of which $25 shall be
transferred to the Pennsylvania Department of Transportation by the
garage to which the vehicle was taken.
The Borough of Bonneauville 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person violating the provisions of Article V is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine as set forth in 75 Pa.C.S.A. § 7312, together with all costs of disposing of the vehicle under provisions of the Vehicle Code, 75 Pa.C.S.A. § 7301 et seq.
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.
