This article is enacted under authority of Section 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.
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 §
345-45 of this article, provided no such vehicle shall be removed or impounded except in strict adherence to the provisions of this article or the provisions of the Pennsylvania Vehicle Code.
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 Parking Lot
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Side
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Between
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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 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 article, 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 article 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 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 provisions 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 Borough 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 provisions of the
Vehicle Code, 75 Pa.C.S.A. § 7301 et seq. (1977), as hereafter
amended, supplemented, modified or reenacted by the General Assembly
of Pennsylvania.
If after a period of 15 days the vehicle in storage remains
unclaimed, a report shall be filed with PennDOT in accordance with
Section 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).