[Ord. 995, 12/10/2003]
This Part 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 Borough of Aspinwall 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.
[Ord. 995, 12/10/2003]
The Borough of Aspinwall 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 §
15-701. 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.
[Ord. 995, 12/10/2003]
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
Borough of Aspinwall parking regulations:
Street
|
Side
|
Between
|
Parking Lot
|
---|
(Reserved)
|
[Ord. 995, 12/10/2003]
Removal and impounding of vehicles under this Part shall be
done only by "approved storage garages" that shall be designated from
time to time by the Borough Council. Every such garage shall submit
evidence to the Borough Council that it is bonded or has acquired
liability insurance in an amount satisfactory to the 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 the Borough Council its schedule of charges for towing
and storage of vehicles under this Part and, when the schedule is
approved by the 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 Part by any approved storage garage. The 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 Part.
[Ord. 995, 12/10/2003]
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 Part for which
the vehicle was removed or impounded.
[Ord. 995, 12/10/2003]
In order to reclaim his vehicle, the owner shall pay towing
and storage costs plus a $50 fee, of which $25 shall be transferred
to the Pennsylvania Department of Transportation by the garage to
which the vehicle was taken.
[Ord. 995, 12/10/2003]
The Borough of Aspinwall 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. 995, 12/10/2003]
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. 995, 12/10/2003]
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.
[Ord. 995, 12/10/2003]
The Police Chief or his designated representative shall be responsible
for notifying the owner of record of the impoundment of the vehicle;
notification shall be made, by certified mail, within 24 hours of
determination of ownership, providing the vehicle has not already
been released. The Chief shall keep a record of all vehicles impounded
and be able at all times to furnish the owners or agents thereof with
information as to the place of impounding.
[Ord. 995, 12/10/2003]
The towing and storage charges shall be established in the contracts
with the Borough and private contractors. A copy of the rates charged
for all types of vehicles shall be posted in a conspicuous place in
all designated pounds.
[Ord. 995, 12/10/2003]
Before the vehicle owner or his agent shall be permitted to
removed an impounded vehicle, the towing and storage charges must
be paid to the pound keeper. Unless such payment shall be made under
protest, as provided for by this Part, it shall be final and conclusive
and shall constitute a waiver of any right to recover the money so
paid.
[Ord. 995, 12/10/2003]
In the event that any towing and storage charges so imposed
shall be paid under protest, the offender shall be entitled to a hearing
before the district magistrate, in which case the offender shall be
given notice as is provided by law in other cases of summary offenses
and shall have the same rights as to appeal and waiver of hearing.