[Amended 7-21-1988 by Ord. No. 1393; 3-8-2007 by Ord. No. 1771; 10-4-2012 by Ord. No. 1849]
This article is enacted under authority of § 6109(a)(22)
of the Vehicle Code[1] and gives authority to the City of Washington to remove
and impound those vehicles which are parked in a tow-away zone and
in violation of parking regulations of this chapter and such other
vehicles as may be need to be removed or otherwise impounded by the
City. 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, or which have otherwise been ordered or
directed to be removed or impounded by the Washington Police Department
or such other department of the City of Washington, may be towed under
the provisions of the Pennsylvania Motor Vehicle Code.
[1]
Editor's Note: 75 Pa.C.S.A. § 6109(a)(22).
The City of Washington shall have authority to remove and impound
or to order the removal and impounding of any vehicle parked overtime
or otherwise illegally parked or owing in excess of $50 in unpaid
fines or such other vehicle that has been ordered or directed to be
removed or impounded by the City of Washington Police Department or
such other department of the City, provided that 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
or other ordinance of the City of Washington.
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 City parking regulations: street side between parking lot.
|
Street
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Side
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Between
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|---|---|---|
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Parking Lot
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Removal and impounding of vehicles under this chapter shall
be done only by approved storage garages that shall be designated
from time to time by City Council. Every such garage shall submit
evidence to City Council that it is bonded or has acquired liability
insurance in an amount satisfactory to City 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
City Council its schedule of charges for towing and storage of vehicles
under this chapter and, when the schedule is approved by City 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 chapter
by any approved storage garage. City 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
chapter.
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 chapter for which
the vehicle was removed or impounded.
In order to reclaim his vehicle, the owner shall pay towing
and storage costs, plus a twenty-five-dollar fee, of which $10 shall
be transferred to the Pennsylvania Department of Transportation by
the garage to which the vehicle was taken. In addition, prior to the
release of said vehicle, the owner of said vehicle must receive an
impoundment release clearance from the Washington City Police Department
before said vehicle can be released from the towing impound. The owner
must complete an impoundment release form on a document prescribed
by the City and pay an impoundment release fee of $25, in addition
to any and all other fees to be paid by the owner under this article.
Any towing contractor who releases an owner's vehicle from its impound
without first requiring the owner to obtain an impoundment release
clearance shall be responsible and liable to the City for paying said
fee.
The City of Washington 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. § 101 et seq., as amended).
[1]
Editor's Note: See 75 Pa.C.S.A. § 7311.
