This article is enacted under authority of Section 6109(a)(22)
of the Vehicle Code and gives authority to the Municipality to remove
and impound vehicles that are parked overtime on any street in the
Municipality, or in metered and unmetered parking lots in the Municipality,
in violation of any provision of this chapter.
A.
Officers shall have the authority to remove and impound or to order
the removal and impounding of any vehicle parked illegally in accordance
with the Pennsylvania Motor Vehicle Code.
B.
Officers are authorized by law to tow and impound vehicles under
certain circumstances and in compliance with the Pennsylvania Motor
Vehicle Code. Towing and impoundment of vehicles when authorized is
intended to ensure compliance with the law, to facilitate criminal
or traffic crash investigations, to provide for public safety, and
to allow for the proper movement of traffic on streets and highways.
Officers shall avoid the unnecessary towing of motor vehicles.
C.
Guidelines governing Norristown Police towing operations shall be
set and changed by resolution of the Municipal Council. These guidelines
may be changed from time to time in accordance with changes in the
Pennsylvania Motor Vehicle Code or policy initiatives of the Municipal
Council.
As used in this article, the following terms shall have the
meanings indicated:
A vehicle (other than a pedal cycle) shall be presumed to
be abandoned under any of the following circumstances, but the presumption
is rebuttable by a preponderance of the evidence:
A.
The vehicle is physically inoperable and is left unattended on a
highway or other public property for more than 48 hours.
B.
The vehicle has remained illegally on a highway or other public property
for a period of more than 48 hours.
D.
The vehicle has remained on private property without the consent
of the owner or other person in control of the property for more than
48 hours.
E.
Vehicles and equipment used or to be used in construction or in the
operation or maintenance of highways or public utility facilities,
which are left in a manner which does not interfere with the normal
movement of traffic, shall not be considered to be abandoned.
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 the Municipal Council. Every such garage shall
submit evidence to the Municipal Council that it is bonded or has
acquired liability insurance in an amount satisfactory to the Municipal
Council as sufficient to indemnify owners of impounded vehicles against
loss or damage to those vehicles while in the custody of the garagekeeper
for the purpose of towing or storage. The approved storage garage
shall submit to the Municipal Council its schedule of charges for
towing and storage of vehicles under this article, and when the schedule
is approved by the Municipal Council, those charges shall be adhered
to by the approved storage garage. No different schedule of charges
shall be adopted without approval of the Municipal Council, and no
different charges shall be demanded of or collected from any person
whose vehicle is removed or impounded under this article by any approved
storage garage. The Municipal 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.
Within 10 days from the time of removal of any vehicle under
authority granted by this article, notice of the fact that the vehicle
was removed shall be sent by the Municipality 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.
The payment of any towing and storage charges authorized by
this article 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 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.
The Municipality 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
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.
A.
BOOT
DELINQUENCY NOTICE
DEPARTMENT
MUNICIPALITY/AGENT
TOW-AWAY ZONE
VEHICLE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A device consisting of metal clamps or jaws and a padlocking
device which, when attached to the wheel of a motor vehicle, prevents
the vehicle from being driven.
A notice sent to the registered owner of the vehicle for
which a parking ticket against the license plate has been paid within
the prescribed period of time.
The Municipality of Norristown Police.
The Municipality of Norristown Police.
Areas identified by the Commonwealth of Pennsylvania or the
Municipality of Norristown as illegal parking or stopping areas.
A piece of mechanical equipment.
B.
Immobilization or removal.
(1)
Any vehicle may be removed, or immobilized for up to 72 hours
by means of applying a boot and then towed to the nearest official
towing station if not reclaimed, by or under the direction of the
Chief of Police or his designee if it is:
(a)
Abandoned on the highway;
(b)
Parked in a tow-away zone; or
(c)
Parked on a public street and has three or more delinquent parking
tickets for which appropriate notice has been sent to the registered
owner, provided that a boot may be applied only after a delinquency
notice on the third parking ticket has been issued.
(2)
In any case involving immobilization of a vehicle pursuant to
this article, a notice shall be placed on such vehicle, in a conspicuous
manner, sufficient to warn any individual that such vehicle has been
immobilized and that any attempt to move such vehicle may result in
damage thereto.
C.
Recovery of vehicle.
(1)
Any vehicle which has been immobilized or pursuant to the provisions
of this section may be recovered by one of the following means:
(a)
The owner or any person on behalf of the owner may obtain immediate
release of the vehicle by payment in full of all outstanding parking
tickets and booting charges. Such payment shall constitute a waiver
of the right to contest the parking tickets and booting fee.
(b)
If a court order is provided to the Municipality of Norristown
by a Magisterial District Judge or the Court of Common Pleas of Montgomery
County.
(2)
All notices provided for in this section shall be given in both
Spanish and English.
D.
Fees and charges.
(1)
A booting fee that shall be established by the Norristown Municipal
Council and set forth in the Norristown Municipal Fee Schedule shall
be assessed to cover the costs of immobilization of any vehicle pursuant
to the provision of this sections.
(2)
Changes in booting fees and additional fines will be determined
and adjusted by resolution of the Municipal Council.
