[Ord. No. 288, 8/8/1994]
This Part is enacted under authority of § 6109(a-22)
of the Vehicle Code, 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 Vehicle
Code.
[Ord. No. 288, 8/8/1994]
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 §
15-501 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. No. 288, 8/8/1994]
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 or Parking Lot
|
Side
|
Between
|
---|
(Reserved)
|
[Ord. No. 288, 8/8/1994]
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 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 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 Part, 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 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. No. 288, 8/8/1994]
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. No. 288, 8/8/1994]
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. No. 288, 8/8/1994]
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. No. 288, 8/8/1994]
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. No. 288, 8/8/1994]
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. No. 288, 8/8/1994]
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. § 110 et seq., as amended).
[Ord. No. 299, 9/13/1999]
The following terms and phrases as used in this Part shall have
the meaning ascribed to them in this section, unless the context clearly
indicates a different meaning:
BUS
1.
A motor vehicle designed to transport 16 of more passengers,
including the driver; or
2.
A motor vehicle other than a taxi cab or limousine, designed
to transport not more than 15 passengers, including the driver, and
used for transportation of persons for compensation.
MOTOR HOME
A motor vehicle designed or adapted for use as a mobile dwelling
or office, except a motor vehicle equipped with a truck-camper.
MOTOR VEHICLE
A vehicle which is self-propelled, except one which is propelled
solely by human power or by electric power obtained from overhead
trolley wires but not operated upon rails.
PERSON
Any natural person, firm, copartnership, association or corporation.
SCHOOL BUS
A motor vehicle which:
1.
Is designed to carry 11 passengers or more, including the driver;
and
2.
Is used for the transportation of pre-primary, primary or secondary
school students to or from public, private or parochial schools or
events related to such schools or school related activities.
TRAILER
A vehicle designed to be towed by a motor vehicle.
TRUCK-CAMPER
A structure designed, used or maintained primarily to be
loaded or affixed to a motor vehicle to provide a mobile dwelling,
sleeping place, office, or commercial space.
TRUCK-TRACTOR
A motor vehicle designed and used primarily for drawing other
vehicles and not so constructed as to carry a load other than a part
of the weight of the vehicle and load so drawn.
[Ord. No. 299, 9/13/1999]
No person shall park any motor home, trailer, truck-tractor,
bus, or school bus on any street or alley in the Borough of Elizabethville,
except for a twenty-four-hour period for the purpose of loading and
unloading. Any person who violates this section shall be subject to
the penalties specifically provided under the laws of the Commonwealth
of Pennsylvania and the Ordinances of this Borough.