[HISTORY: Adopted by the Borough Council of the Borough of
Masontown 9-23-1980 by Ord. No. 266, approved 9-23-1980. Sections 136-4 and 136-5 amended
and § 136-7 added at time of adoption of Code; see Ch. 1,
General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 133.
[Amended 5-9-1989, approved 5-22-1989]
The police officers of the borough shall have authority to remove
and impound or to order the removal and impounding of any vehicle
which shall be found wrecked, abandoned, illegally parked, parked
overtime or stored in violation of any law or ordinance now or hereafter
in force; provided, however, that no vehicle shall be towed away or
removed if, at the time of the intended removal, the owner or person
then in charge of said vehicle is present and expresses a willingness
and intent to immediately remove said vehicle and removes that same.
The owner shall, however, be responsible for paying a service fee
charged by the approved storage garage for answering the request of
the police to tow said vehicle.
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 Council. Every such garage shall submit evidence
to the Council that it is bonded or has acquired liability insurance
in an amount satisfactory to the Council as sufficient to indemnify
owners of impounded vehicles against loss or damage to their vehicles
while in the custody of the garagekeeper for the purpose of towing
or storage. The approved storage garage shall submit to the Council
its schedule of charges for towing and storage of vehicles under this
chapter, and when the schedule is approved by the Council, those charges
shall be adhered to by the approved storage garage. No different schedule
of charges shall be adopted without approval of the Council and no
different 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 Council shall delete from its list of approved
storage garages any garage that shall make any unapproved charge in
connection with any vehicle removed or impounded under this chapter.
Within 12 hours after the time of removal of any vehicle under
authority granted by this chapter, notice of the fact that the vehicle
was removed shall be sent by the Chief of Police 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.
[Amended 6-9-1987 by Ord. No. 1987-1, approved 6-9-1987]
The payment of any towing and storage charges authorized under
this chapter 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 operator of any vehicle from liability for any
fine or penalty for the violation of the provisions of this chapter
or any other ordinance of this borough on account of which the vehicle
was removed and impounded.
A.
In the event that towing and impounding charges are paid under protest,
the offender shall be entitled to a hearing before a District Justice
or court of record having jurisdiction, in which case such offender
shall be proceeded against and receive such notice as is provided
by the Motor Vehicle Code[2] in other cases of summary offenses and shall have the
same rights as to appeal and waiver of hearing.
[2]
Editor's Note: See 75 Pa C.S.A. § 101 et seq.
B.
If the District Justice or court of record shall find, either that
the ordinance was not validly enacted pursuant to the provisions of
the Motor Vehicle Code; that the vehicle was not parked in a location
prohibited by the Motor Vehicle Code or an ordinance properly enacted
pursuant thereto; that at the time the vehicle was towed away, the
owner or the person for the time being in charge was present and ready
and willing to remove the same; that the vehicle was parked by a person,
other than the owner or someone in charge thereof, without the owner's
consent, after having been stolen; or for any other reason the towing
or impounding was unlawful and the defendant is acquitted, said District
Justice shall forthwith certify to the Borough Treasurer the facts,
and the Borough Treasurer shall, within five days, refund to the offender
the amount of said towing and storage charges paid by him or in his
behalf.
The Chief of Police shall keep a record of all vehicles impounded
under this chapter 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.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be punishable by a fine of not more than
$300 and costs of such proceedings or, upon default of payment of
such fine and costs, by imprisonment in the county jail for a term
of not more than 30 days; provided, however, that if the District
Justice determines that the defendant is without the financial means
to pay the fines and costs immediately or in a single remittance,
such defendant shall be permitted to pay the fines or costs in installments
and over such periods of time as the District Justice deems to be
just.
