This article is enacted under authority of Section 6109(a)(22)
of the Vehicle Code and gives authority to the Borough of West Mifflin
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.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[Amended 12-19-2000 by Ord. No. 1107]
A.
The Borough of West Mifflin shall have the 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 § 274-43 of this article or are prohibited parking pursuant to § 274-34 of Article IV of this chapter. However, that no such vehicle in violation of § 274-34 shall be removed and impounded except in strict adherence to the provisions of this article or to the provisions of the Pennsylvania Motor Vehicle Code.
B.
In regard to § 274-36 of Article IV of this chapter, which prohibits the parking of certain trucks, buses and other vehicles, boats, catamarans and recreational vehicles in certain locations, prior to removing and impounding said vehicles, the registered owners of said vehicle shall be given notice that to park said vehicles in the prohibited area is illegal, and such vehicles are subject to be towed or removed and impounded. This notice may be given to the registered owner of the vehicle by posting "no parking" and "tow-away zone" signs along said street and by certified mail addressed to the title owner as his address is set forth in the registration of said vehicle or as said owner's name and address are contained within the motor vehicle records of the Pennsylvania Department of Transportation. In the event that the vehicle has an out-of-state registration, then the information received by the Borough of West Mifflin from a comparable motor vehicle registration department of the out-of-state registration or certificate of title shall be deemed conclusive as to owner and address. In the event that the owner of the vehicle was not given notice by either a sign posted along the streets, in person and/or by certified mail, return receipt requested, then notice can be accomplished by placing on the windshield of the vehicle the notice that the vehicle is illegally parked and will be towed, removed and impounded.
C.
Notice. When the street is posted with a "no parking tow-away zone"
sign, or if the owner of the vehicle or any other person who is operating
the vehicle is given oral notice and refuses to move said vehicle,
then the removal and impounding can be ordered immediately. In the
event that the no parking regulation notice is given by certified
mail, a notice shall be posted on the windshield, and the removal
and impounding of the vehicle may be ordered any time after five days
from the mailing date.
D.
Commercial vehicles and/or trucks exceeding a one-ton capacity who
are prohibited from parking on residential streets whose paved cartway
is 28 feet or less shall be exempt from these regulations for a period
not to exceed one hour in any one day for the purposes of loading
or unloading products or deliveries.
E.
Commercial vehicles and/or trucks exceeding a one-ton capacity who
have a need to be parked at a specific residential realty for the
purposes of construction, remodeling or repairs to the premises may
make application to the Building
Inspector's office of the Borough of West Mifflin for special permission
to park until said construction, repair or remodeling is completed.
Upon review of the request, the Building Inspector's office may
give special written permission for the parking of said one-ton trucks
or commercial vehicles outside of the residential realty for a period
of time not to exceed the reasonable estimate of time normally necessary
to timely complete the construction, repairs or remodeling or maintenance
anticipated.
[Amended 7-19-2005 by Ord. No. 1138]
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 of West Mifflin parking regulations.
|
Street
|
Side
|
Between
|
|---|---|---|
|
Webster Avenue
|
North
|
Entire length
|
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 Borough Council. Every such garage shall submit
evidence to Borough Council that it is bonded or has acquired liability
insurance in an amount satisfactory to Borough Council 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
Borough Council its schedule of charges for towing and storage of
vehicles under this article, and, when the schedule is approved by
Borough 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. Borough 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.
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.
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.
The Borough of West Mifflin 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
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.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of $50, 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.
If, after a period of 15 days, the vehicle in storage remains
unclaimed, a report shall be filed with PennDOT, in accordance with
Section 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. § 7301 et seq., as amended).
