[Ord. 685, 5/11/1998]
This Part is enacted under authority of § 6109(a-22)
of the Vehicle Code, 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.
[Ord. 685, 5/11/1998]
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 §
15-801 of this Part; provided: 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. 685, 5/11/1998]
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
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Side
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Between
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Parking Lot
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(Reserved)
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[Ord. 685, 5/11/1998; as amended by Ord. 731, 7/8/2002, § 1]
1. Definitions. The word "vehicle" when used in this Part shall, for
the purpose of this Part, means any device in, upon or by which any
person or property is or may be transported or drawn up a public highway.
2. Designation of Poundkeeper. The poundkeeper shall be that person,
firm or corporation so designated by the Borough Council, after an
investigation by the Borough Ordinance Officer to assure the proposed
poundkeeper complies with all the requirements set forth herein. In
the event that two or more poundkeepers are designated by the Borough
Council, the work shall be rotated between the designated poundkeepers
on a two week basis.
3. Poundkeeper Requirements. No person, firm or corporation shall be
designated as a poundkeeper unless they comply with the following:
A. Liability Insurance: The poundkeeper shall obtain and maintain in
full force and effect vehicle liability insurance coverage in the
amount of $100,000 per person, $300,000 per occurrence and $50,000
property damage and garagekeepers liability insurance in the amount
of $300,000 single limit which shall cover not only all vehicles and
premises owned and/or operated by the poundkeeper but all vehicles
towed or stored. The Borough shall be named as an additional insured
on said policy.
B. Worker's Compensation: The poundkeeper shall maintain worker's compensation
coverage on employees as required by law.
C. Tow Lot: The poundkeeper shall maintain a fenced, lighted impoundment
lot, measuring a minimum of 5,000 square feet, which is secure to
the satisfaction of the Borough Ordinance Officer.
D. Indoor Storage: The poundkeeper shall have available at least two
indoor parking spaces where vehicles can be held at the request of
the Jefferson Hills Police Department.
E. Hours: The poundkeeper shall maintain regular business hours where
the public can obtain their released vehicle.
F. Response Time: The poundkeeper shall respond to calls by the Police
Department within 30 minutes. When called by the Police Radio Dispatcher,
the poundkeeper will be asked for an accurate estimated time of arrival
(ETA). If the poundkeeper or his designated agent is unable to respond
within 30 minutes, the Police Radio Dispatcher will attempt to contact
another poundkeeper.
G. A poundkeeper which has been approved by the Borough Council, for
certain specified and unique situations, may designate an agent to
respond in the event the approved poundkeeper is unable to respond,
but this agent must be approved in advance by the Borough Council
and such agent must meet all of the requirements for poundkeeper as
set forth in this Part. The special and unique situations which would
allow for the use by a poundkeeper of a designated agent shall be
limited to the following:
(1)
The removal, handling and safe and proper disposal of hazardous
materials.
(2)
The size of the wrecked, disabled or immovable vehicle is beyond
the handling size of the standard tow truck used by the poundkeeper,
such as in the case of a tractor trailer.
(3)
The number of wrecked, disabled or immovable vehicles is beyond
the normal tow truck fleet of the poundkeeper, such as in the case
of a multi-vehicle accident.
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In any of the above-described situations in which a poundkeeper
utilizes a designated agent, all vehicles towed or removed by the
agent must be impounded at the approved poundkeeper's lot.
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H. Licensing of Hazardous Materials: If the designated poundkeeper,
or the designated agent of the poundkeeper as approved by Borough
Council, is required to remove, handle and safely and properly dispose
of hazardous materials, then said poundkeeper or designated agent
must be licensed to do so by the Commonwealth of Pennsylvania, Department
of Environmental Protection, and a copy of such license must be provided
to the Borough Manager. No designated poundkeeper, or agent of designated
poundkeeper as approved by Borough Council, shall remove, handle or
dispose of hazardous materials without proper licensing by the Commonwealth
of Pennsylvania, Department of Environmental Protection.
I. Licensing as Salvager: The approved poundkeeper, or the designated
agent of poundkeeper as approved by Borough Council, must be licensed
by the Commonwealth of Pennsylvania as an approved "salvager," and
a copy of such license must be provided to the Borough Manager.
J. Accident Cleanup: The poundkeeper, or designated agent of the poundkeeper
as approved by Borough Council, shall provide on his response vehicles
the equipment necessary to remove all dirt, glass and auto parts from
the highways following an accident and shall do so at any accident
scene where he is called to remove a vehicle.
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The failure of a poundkeeper to meet any of the above requirements
with respect to insurance, facilities, hours, etc., as determined
by the Borough Ordinance Officer, shall be cause for immediate termination
and removal of the poundkeeper by the Borough.
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If the Borough finds it necessary to terminate a designated
poundkeeper for reasons other than not meeting the above requirements,
the Borough Manager shall notify the poundkeeper of the charges or
reasons for said termination. The poundkeeper shall have 30 days from
the receipt of the charges from the Borough Manager to respond in
writing to the charges against him. Within 30 days of receipt of the
written response, the Borough Council shall hear the appeal of the
poundkeeper and decide the appeal.
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4. Towing and Storage Charges.
A. Each designated poundkeeper shall submit to the Borough of Jefferson
Hills a schedule of charges for towing and storage of vehicles which
are towed or stored under the provisions of this Part. This schedule
will be approved by the Borough Council and, once approved, those
charges shall be adhered to by the approved designated poundkeeper.
The schedule shall indicate a charge for indoor and outdoor storage;
towing during the day and at night; cleaning up after accidents and
towing requiring a flatbed or a wheel lift for fiberglass vehicles.
No different schedule of charges shall be demanded of or collected
from any person whose vehicle is removed or impounded under the provisions
of this Part by the approved designated poundkeeper. Vehicles that
must be removed from a position other than the cartway or berm of
streets or highways will be subject to an additional charge. Trucks
larger than a pickup will be subject to an additional charge. Accidents
involving hazardous materials will be subject to an additional charge.
Spillage of cargo or fluids will be subject to an additional charge.
Such additional charges shall be quoted at the scene by the poundkeeper,
if possible.
B. Any designated poundkeeper who attempts or collects charges other
than those on the schedule approved by the Borough Council is subject
to being removed as a designated poundkeeper.
C. The fees indicated above shall be paid by the owner of the vehicle
prior to the vehicle being released from impoundment.
5. Conflict of Interest: No designated poundkeeper shall employ any
employee of the Borough of Jefferson Hills nor shall be or she purchase,
rent or lease any equipment or property from any Borough Official
or employee. No firm will be designated as a poundkeeper if such firm
is owned in whole or in part by a Borough employee or official.
[Ord. 685, 5/11/1998]
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. 685, 5/11/1998]
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. 685, 5/11/1998; as amended by Ord. 741, 12/30/2002,
§ 1]
The Borough of Jefferson Hills 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. 685, 5/11/1998]
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. 685, 5/11/1998]
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 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. 685, 5/11/1998]
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. § 101 et seq., as amended).
[Ord. 685, 5/11/1998]
Before performing any repair, mechanical or body work to any
vehicle impounded, the poundkeeper must notify the vehicle owner or
other person authorizing repairs in an impounded vehicle that there
is a right to have any and all auto work performed by the business
or person of the vehicle owner's choice.