[Amended 1-10-2000 by Ord. No. 1608]
This article is enacted under authority of § 6109(a)(22)
of the Vehicle Code and gives authority to the City 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.
[Amended 1-10-2000 by Ord. No. 1608]
The City 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 § 425-63 of this article. Provided that 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.
[Amended 1-10-2000 by Ord. No. 1608]
All public streets, alleys and thoroughfares and/or public parking
lots located within the City of DuBois are hereby established as tow-away
zones for failure to observe City parking regulations imposed thereon.
Signs shall be posted to place the public on notice that their vehicle
may be towed for violation of the City parking regulations established
for such streets, alleys and thoroughfares and/or public parking lots.
[Amended 1-10-2000 by Ord. No. 1608]
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 City Council. Every such garage shall submit
evidence to City Council that it is bonded or has acquired liability
insurance in an amount satisfactory to the City Council as sufficient
to indemnify owners of impounded vehicles against loss or damage to
those vehicles which are in the custody of the garage keeper for the
purpose of towing or storage. The approved storage garage shall submit
to City Council its schedule of charges for towing and storage of
vehicles under this article, and when the schedule is approved by
City 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. City 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 1-10-2000 by Ord. No. 1608]
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 1-10-2000 by Ord. No. 1608; at time of adoption
of Code revisions (see Ch. 1, General Provisions, Art. II)]
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 City 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 1-10-2000 by Ord. No. 1608]
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 1-10-2000 by Ord. No. 1608; at time of adoption
of Code revisions (see Ch. 1, General Provisions, Art. II)]
Any person who shall
violate any provision of this article shall be guilty of a summary
offense, punishable: (a) for a first offense, by a fine of $100; and
(b) for a subsequent offense, by a fine of not less than $200 nor
more than $500 or imprisonment for not more than 90 days, or both,
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.
[Amended 1-10-2000 by Ord. No. 1608]
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 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
Vehicle Code (75 Pa.C.S.A. § 7301 et seq., as amended).
