This article is enacted under authority of § 6109(a)(22)
of the Vehicle Code, 75 Pa.C.S.A. § 6109(a)(22), and gives
authority to the City 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 Vehicle Code.
[Amended 4-18-2005 by Ord. No. 733]
The City shall have authority to remove and impound, or to order
the removal and impounding, of any vehicle when the removal of such
vehicle is necessary in order to fix, construct, or repair utility
pipes, lines or wires, or in order to work on the roadway, and a reasonable
search fails to locate the owner or other person to remove such vehicle.
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
City 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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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 the City Council. Every such garage shall submit
evidence to the City Council that it is bonded or has acquired liability
insurance in an amount satisfactory to the 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
the City Council its schedule of charges for towing and storage of
vehicles under this article and, when the schedule is approved by
the 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 article by any approved storage garage. The 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 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 City 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 the provisions of
the Vehicle Code, 75 P.S. § 7301 et seq.
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, 75 Pa.C.S.A. § 7311,
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 Vehicle Code, 75 Pa C.S.A. § 7301 et
seq.