[Ord. 675, 11/17/1986]
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]
Editor's Note: See 75 Pa. C.S.A. § 101 et seq.
[Ord. 675, 11/17/1986; as amended by Ord. 1099, 8/19/2013, § 28]
The Emmaus Police Department shall have authority to remove and impound, or to order the removal and impounding, of any vehicle parked illegally, provided that the circumstances of its parking were within the conditions stated in § 15-701 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 Vehicle Code, 75 Pa.C.S.A.
[Ord. 675, 11/17/1986]
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
|
Side
|
Between
|
Parking Lot
|
|---|---|---|---|
|
(Reserved)
| |||
[Ord. 675, 11/17/1986]
Removal and impounding of vehicles under this chapter shall
be done only by "approved storage areas" 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.
[Ord. 675, 11/17/1986]
The payment of any towing and storage charges authorized by
this chapter shall, unless payment is made "under protest", be final
and conclusive, and shall constitute a waiver of any right to recover
the money so paid. If payment of any towing or storage charges is
made "under protest", the offender shall be entitled to a hearing
before a district justice. 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. 675, 11/17/1986; as amended by Ord. 1099, 8/19/2013, § 29]
In order to reclaim his vehicle, the owner shall pay towing
and storage costs, plus no less than a $50 fee of which $25 and any
other fees associated with Vehicle Code, 75 Pa.C.S.A. § 7306,
shall be transferred to the Pennsylvania Department of Transportation
by the garage to which the vehicle was taken.
[Ord. 675, 11/17/1986]
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. 675, 11/17/1986]
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 within
a reasonable time.
[Ord. 675, 11/17/1986; as amended by Ord. 1099, 8/19/2013, § 30]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine of $100 together
with all costs of disposing of the vehicle, towing, legal, storage,
and other associated costs pursuant to Vehicle Code, 75 Pa.C.S.A. § 7312.
For a subsequent offense, the violator shall, upon conviction, pay
a fine of not less than $200 and not more than $500 or imprisonment
for not more than 90 days, or both.
[Ord. 675, 11/17/1986]
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).
