This article is enacted
under authority of § 6109(a-22) of the Vehicle Code,[1] and gives authority to the Borough 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]
Editor's Note: See 75 Pa.C.S.A. § 6109(a-22).
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 § 234-63 of this article. Provided: 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.
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
|
Side
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Between
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Parking Lot
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|---|---|---|---|
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(Reserved)
| |||
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 $25 fee, of which $10 shall be transferred
to the Pennsylvania Department of Transportation by the garage to
which the vehicle was taken.
The Borough 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
§ 7311 of the Vehicle Code,[1] 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).
[1]
Editor's Note: See 75 Pa.C.S.A. § 7311.
A.
No vehicle shall be stored upon any public highway as defined in
the Pennsylvania Motor Vehicle Code or upon public property of the
Borough of Northampton. As used herein, "storage" shall mean the parking
of a vehicle in one place continuously for more than 72 hours. Each
seventy-two-hour period shall constitute a separate violation.
B.
Notice of violation.
(1)
Any police officer or duly authorized employee of the Borough shall
place on the motor vehicle parked in violation of the provision of
this section a notice to report to the Magisterial District Judge
in whom appropriate jurisdiction lies.
(2)
For violation of this section, the owner or operator within 10 days
of the date such notice was attached to his/her motor vehicle shall
pay as a penalty in full satisfaction the sum of $25. Upon a second
violation of this section, the offender's vehicle, regardless if it
was involved in the first violation, will be removed and impounded
pursuant to 75 Pa C.S.A. § 6109, and all costs, including
but not limited to towing and storing, will be borne by the offender.
