[Ord. 1735, 4/12/1993; as amended by Ord. 1792, 2/13/1995]
This Part is enacted under authority of the Vehicle Code [75
P.S. § 6109(a)(22)] and gives authority to the Borough to
remove and impound those vehicles which are parked in a tow-away zone
and in violation of the parking regulations of this chapter. Vehicles
which have been abandoned (as defined by the Vehicle Code) or which
are disabled or parked in a manner as to interfere with the traffic
or pose a hazard to others may be towed under the provisions of the
Pennsylvania Vehicle Code.
[Ord. 1735, 4/12/1993]
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 § 701 of this Part,
provided that no such vehicle shall be removed or impounded except
in strict adherence to the provisions of this Part or the provisions
of the Pennsylvania Vehicle Code.
[Ord. 1735, 4/12/1993; as amended by Ord. 2021, 5/8/2006]
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 parking regulations:
|
Street or Lot
|
Location
|
|---|---|
|
Any designated time-limit parking zone
|
—
|
|
Any municipal parking lot as described in Part 6 of this chapter
|
—
|
[Ord. 1735, 4/12/1993; as amended by Ord. 1792, 2/13/1995;
by Ord. 1824, 5/13/1996, § 1; and by Ord. 1976, 3/8/2004,
§ 2]
1.
The Police Department, through any on-duty supervisor, may override
any provision of this Part in an emergency or unusual towing situation.
2.
Every licensed tower (Class I and II) shall have general commercial
liability insurance in a form satisfactory to the Borough for property
damage and personal injury claims in an amount satisfactory as established
from time to time by resolution of Borough Council.
3.
Every licensed tower (Class I and II) shall meet equipment standards
and procedures set forth by resolution of Borough Council.
4.
The first licensed tower (Class I or II) dispatched to the scene
of a vehicular accident shall be responsible for the removal of debris
at the scene of the accident with no fee(s) charged to any person
for such removal.
5.
No licensed tower (Class I or II) shall cause any vehicle towed by
said tower to be deposited or parked upon any street, alley, traffic-way
or sidewalk within the legal boundaries of the Borough of Pottstown.
6.
When no emergency circumstances exist, owners of vehicles that are
disabled because of mechanical failure or that are disabled as the
result of a vehicular accident may request any licensed tower (Class
I or II) for the removal of their vehicle(s), provided that said licensed
tower can respond to remove the vehicle in a reasonable amount of
time.
7.
Removal and impounding of vehicles under this Part shall be done only by Class I licensed towers [Chapter 13, Part 3, § 301(1)(L)], except as noted in § 704, Subsection 6, of this Part. In addition to the provisions set forth in this Part, Class I licensed towers shall:
A.
Have their primary business location located within the legal boundaries of the Borough of Pottstown. Note: If a Class I Towing License(s) was awarded to a tower(s) whose primary business location(s) is not within the legal boundaries of the Borough of Pottstown [Chapter 13, Part 3, § 301(1)(L)], said tower(s) must be located within two driving miles of any legal boundary of the Borough of Pottstown and within the legal boundaries of Montgomery County, Pennsylvania.
B.
Verify, through a limited annual criminal history check, that the
principle(s) of the towing business and any tow vehicle operators,
who will be operating Class I tow vehicles, have not been convicted
of, pled guilty to, or pled no contest to any misdemeanor or felony
crime in the past 10 years.
D.
Charge no person more for towing and storage of vehicles than that
amount established from time to time by resolution of Borough Council.
E.
Except as noted above (§ 704, Subsection 7D), not demand or collect any other fees from any person whose vehicle is removed or impounded under this Part.
F.
Maintain separate and secure storage facilities for impounding vehicles
with a minimum capacity to accommodate eight average-sized passenger
vehicles or light trucks.
G.
Not charge any additional fees to move an impounded vehicle, which
has been processed for evidence by the Police Department, from the
evidentiary processing site to the licensed tower's storage facility.
H.
Not charge any storage fees while a vehicle is housed at the Police
Department evidentiary processing site (only charging storage fees
for the time the vehicle is physically stored at the Class I licensed
tower's storage facility).
I.
Be available 24 hours a day in a rotation, established from time
to time by mutual agreement between the two Class I licensed towers
or by resolution of the Borough Council, through no more than two
telephone numbers for that purpose (telephone numbers that utilize
pagers — alpha, numeric and/or voice — are not acceptable).
J.
Meet all criteria as set forth in this Part. Verification of compliance shall be determined by an annual inspection, by the Police Department, of all Class I licensed towers' storage facilities, tow vehicle(s), required equipment and, by annual criminal history checks as noted in § 704, Subsection 7B, of this Part.
8.
All licensed towers (Class I and II) are expected to abide by and
to be governed by this Part. Additionally, no licensed tower will
act, operate or function in any manner (including both criminal and
noncriminal acts) which would bring discredit or embarrassment to
themselves or to the Borough of Pottstown. Failure to comply will
result in disciplinary action. Disciplinary action shall range from
suspension or revocation (as noted in this section) to immediate revocation,
depending upon the severity of the infraction. Said disciplinary action
shall be imposed by the Pottstown Borough Manager, upon recommendation
of the Chief of Police.
A.
Class I towers.
(1)
A Class I licensed tower found to be in violation of any provision(s)
set forth in this Part, either by acceptance of disciplinary action
or by a hearing before the Safety Committee of the Borough of Pottstown,
will be subject to a suspension of their Class I towing license as
follows:
(2)
A Class I tower whose license was suspended for any reason within
the previous two years will not be considered during the next Class
I towing license bidding process that immediately follows said suspension.
(3)
A Class I tower whose license was revoked for any reason will
not be considered during the next two Class I towing license bidding
processes that immediately follow said revocation.
(4)
A Class I tower whose license was suspended or revoked for any
reason shall pay a license reinstatement fee in an amount established
from time to time by resolution of the Borough Council.
B.
A Class II licensed tower found to be in violation of any provision(s)
set forth in this Part, either by acceptance of disciplinary action
or by a hearing before the Safety Committee of the Borough of Pottstown,
will be subject to a five-day suspension of his or her Class II towing
license.
(1)
A Class II tower whose license has been suspended for any reason
within the previous two years will not be considered during the next
bidding process for a Class I towing license.
(2)
A Class II tower whose license was suspended for any reason
shall pay a license reinstatement fee in an amount established from
time to time by resolution of the Borough Council.
[Ord. 1735, 4/12/1993]
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 Part for which
the vehicle was removed or impounded.
[Ord. 1735, 4/12/1993]
In order to reclaim his vehicle, the owner shall pay towing
and storage costs, plus a fee of $25, of which $10 shall be transferred
to the Pennsylvania Department of Transportation by the garage to
which the vehicle was taken.
[Ord. 1735, 4/12/1993]
The Borough shall cause a record to be kept of all vehicles
impounded under this Part 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. 1735, 4/12/1993]
No vehicle shall be removed under the authority of this Part
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. 1735, 4/12/1993]
Any person who shall violate any provision of this Part 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 P.S. § 7301 et seq. (1977), as hereafter
amended, supplemented, modified or reenacted by the General Assembly
of Pennsylvania.
[Ord. 1735, 4/12/1993]
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
Motor Vehicle Code (75 Pa.C.S.A. § 110 et seq., as amended).
