[Ord. 167, 12/18/1985; as revised by Ord. 172, 9/28/1987]
This Part is enacted under authority of Section 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 Motor Vehicle Code.
[1]
75 Pa C.S.A. §§ 101 et seq. as hereafter amended,
supplemented, modified or reenacted by the General Assembly of Pennsylvania.
[Ord. 167, 12/18/1985; as revised by Ord. 172, 9/28/1987]
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 § 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. 167, 12/18/1985; as revised by Ord. 172, 9/28/1987]
The following designated streets and/or parking lots are hereby
established as towaway 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
|
Between
|
|---|---|---|
|
(Reserved)
| ||
[Ord. 167, 12/18/1985; as revised by Ord. 172, 9/28/1987]
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 of Council. Every such garage shall submit
evidence to Borough of Council that it is bonded or has acquired liability
insurance in an amount satisfactory to Borough of 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 of Council its schedule of charges for towing and storage
of vehicles under this Chapter, and, when the schedule is approved
by Borough of 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 of 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.
[Ord. 167, 12/18/1985; as revised by Ord. 172, 9/28/1987]
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.
[Ord. 167, 12/18/1985; as revised by Ord. 172, 9/28/1987]
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. 167, 12/18/1985; as revised by Ord. 172, 9/28/1987]
The Borough 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. 167, 12/18/1985; as revised by Ord. 172, 9/28/1987]
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. 167, 12/18/1985; as revised by Ord. 172, 9/28/1987]
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. 167, 12/18/1985; as revised by Ord. 172, 9/28/1987]
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).
