[Ord. 2118, 4/15/2008]
This Chapter is enacted under authority of § 6109(a)(22)
of the Vehicle Code, 75 Pa.C.S.A. § 6109(a)(22), and gives
authority to the Borough of Phoenixville 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.
[Ord. 2118, 4/15/2008]
The Borough of Phoenixville 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 § 801 of
this Part. Provided, no such vehicle shall be removed or impounded
except in strict adherence to the provisions of this Chapter or the
provisions of the Vehicle Code.
[Ord. 2118, 4/15/2008]
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
Borough of Phoenixville parking regulations:
|
Street
|
Side
|
Between
|
Parking Lot
|
|---|---|---|---|
|
(Reserved)
| |||
[Ord. 2118, 4/15/2008]
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 Borough of Phoenixville. Every such garage
shall submit evidence to the Borough of Phoenixville that it is bonded
or has acquired liability insurance in an amount satisfactory to the
Borough of Phoenixville 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 the Borough of Phoenixville its schedule
of charges for towing and storage of vehicles under this Chapter and,
when the schedule is approved by the Borough of Phoenixville, 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 Chapter by any approved
storage garage. The Borough of Phoenixville 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
Chapter.
[Ord. 2118, 4/15/2008]
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 Chapter for which
the vehicle was removed or impounded.
[Ord. 2118, 4/15/2008]
In order to reclaim his vehicle, the owner shall pay towing
and storage costs plus a $25 fee, of which $10 shall be transferred
to the Pennsylvania Department of Transportation by the garage to
which the vehicle was taken.
[Ord. 2118, 4/15/2008]
The Borough of Phoenixville shall cause a record to be kept
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
vehicle.
[Ord. 2118, 4/15/2008]
No vehicle shall be removed under the authority of this Chapter
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.
[Ord. 2118, 4/15/2008]
Any person who shall violate any provision of this Chapter shall,
upon conviction thereof, be sentenced to pay a fine of $50 together
with all costs of disposing of the vehicle under the provisions of
the Vehicle Code, 75 Pa.C.S.A. § 7301 et seq.
[Ord. 2118, 4/15/2008]
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, 75 Pa.C.S.A. § 7311
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 Vehicle Code (75 Pa.C.S.A. § 7301 et
seq.).
