This article is enacted under authority of Section 6109(a)(22)
of the Vehicle Code and gives authority to the Borough of Wilmerding 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 Motor
Vehicle Code.
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 §
285-75 of this article,
provided also 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.
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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Airbrake Avenue
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North
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300 Block
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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 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 chapter 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 chapter 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 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.
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
VIII
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 Title 75, the Pennsylvania Vehicle
Code.