CROSS REFERENCES
Impounding procedures — See 75 Pa.C.S.A. § 6109(a)(22).
Owner responsible for illegal parking — See
TRAF. 503.04.
Parking generally — See TRAF. Art. 521.
[Ord. 5-2004, passed 1-14-2004]
The Chief of Police is authorized to remove and impound or to
order the removal and impounding of any vehicle parking on any of
the streets, highways or public property of the City in violation
of the Vehicle Code or of any ordinance to the City or police regulations
issued by authority of same. The Chief of Police is authorized to
remove and impound or to order the removal and impounding of any vehicle
involved in an accident that must, in the judgment of the Chief of
Police or of the police officer responding to or investigating the
accident, be removed from the scene of the accident. No vehicle shall
be removed or impounded except in strict adherence to the provisions
of the Vehicle Code and of this article.
[Ord. 3-1989 § 1, passed 1-25-1989]
Approved storage garages or pounds for the storage of such impounded
vehicles shall be designated by resolution of Council approving a
contract with such garage for services required under this article.
No later than the first meeting in April of each year all such storage
garages (towing companies) shall be re-certified by Council upon the
recommendation of the Chief of Police.
[Ord. 30-1991 § 1, passed 3-27-1991; Ord. 33-2019, passed 5-16-2019]
Every such approved storage garage or pound shall carry garage
keepers liability insurance in an amount not less than $50,000 for
the indemnifying of the owner of any such impounded vehicle against
the loss thereof, or injury or damage thereto, while in the custody
of the poundkeeper. Additionally, each such storage garage shall carry
liability insurance in the amount of $500,000 per person and $500,000
per incident, for any actions or claims which may arise from the services
rendered for towing or storage, and each such storage garage shall
further indemnify and hold harmless the City for any such claims or
actions. Every policy of insurance required under this section shall
name the City as an additional named insured. Every approved storage
garage shall on an annual basis insure that a Certificate of Insurance
is filed in the City Solicitor's Office.
[Ord. 20-2006, passed 6-7-2006; Ord. 22-2008, passed 5-21-2008]
The following are fixed and established as the charges that
shall be made for the towing and storage of any vehicle removed and
impounded for any cause, including involvement in an accident, under
the authority of this article:
(a)
Towing from any Location in the City.
[Amended by Ord. 33-2019, passed 5-16-2019]
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Passenger cars, including station wagons, and light truck not
exceeding 3/4 ton in load capacity
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$120
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Vehicles exceeding 3/4 ton in load capacity
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$120
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Semi trailers, tractors and other such vehicles, the prevailing
rate for such towing and removal in the Erie area
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(b)
Extra work. Where extraordinary work is performed in extricating, towing or removing a vehicle, a reasonable charge shall be allowed. Any individual that feels such charge is unreasonable may appeal to the Towing Review Board. However, the towing charges shall first be paid in accordance with Section 527.06.
(c)
Storage. Thirty dollars per day or any part thereof, commencing on
the day or any portion of the day of the towing or removal of any
vehicle. Fifteen dollars of this fee is to be paid by the storage
contractor to the City.
[Amended by Ord. 33-2019, passed 5-16-2019]
(d)
Towing fee payable to the City. The towing fee as set forth in Subsection (a) hereof shall include a $60 fee which shall be payable by the towing contractor to the City at the time of collection of the fee.
[Amended by Ord. 33-2019, passed 5-16-2019]
(e)
Accident cleanup. Twenty dollars per vehicle shall be charged and
$10 paid to the City by the towing contractor where a wrecker driver
is needed following an automobile accident.
$50 per vehicle shall be charged and remitted to the City by
the towing contractor where a City street sweeper is needed following
an automobile accident.
[Ord. 48-1982 § 1, passed 7-14-1982]
Within 24 hours from the time of removal of any vehicle under
authority granted by this article, notice of the fact that such vehicle
has been impounded shall be sent by the Chief of Police to the owner
of record of such vehicle. Such notice shall designate the place from
which the vehicle was removed, the reason for its removal and impounding
and the pound in which it shall have been impounded.
[Ord. 13-1964 § 1, passed 3-11-1964]
No person shall remove any vehicle from an approved storage
garage or pound without first paying the towing and storage charges
therefor.
[Ord. 26-1958 § 606, passed 4-18-1958]
The payment of any towing and impounding charges authorized
by this article, unless such payment shall have been made "under protest,"
shall be final and conclusive and shall constitute a waiver of any
right to recover the money so paid.
[Ord. 9-1989 § 1, passed 2-8-1989]
In the event that any towing and impounding charges so imposed
shall be paid "under protest," the offender shall be entitled to a
hearing. In all noncriminal matters such hearing shall be with the
Towing Review Board. Where a parking ticket or other offense(s) occur(s),
such hearing shall proceed to the City of Erie Traffic Court or District
Justice Court having jurisdiction, in which case such defendant shall
be proceeded against and shall receive such notice as is provided
by the Vehicle Code, in other cases of summary offenses, and shall
have the same rights as to appeal and waiver of hearing.
[Ord. 26-1958 § 608, passed 4-18-1958]
The Chief of Police shall keep a record of all vehicles impounded
and shall be able at all reasonable times to furnish the owners or
agents of the owners thereof with information as to the place of storage
of such vehicles.
[Ord. 26-1958 § 609, passed 4-18-1958]
The payment of towing and storage charges shall not operate
to relieve the owner or operator of any vehicle from liability for
any fine or penalty for the violation of any law or ordinance on account
of which the vehicle was removed and impounded.
[Ord. 48-1982 § 1, passed 7-14-1982]
No vehicle shall be removed under the authority of this article
if, at the time of the intended removal thereof, the owner or person
for the time being in charge of such vehicle is present and expresses
a willingness and intention to remove such vehicle immediately, and
does so immediately. However, if a vehicle must first be extricated
from snow, mud, a collision, or the like, in order to enable the owner
or such person to remove the vehicle, a charge of $15 shall be allowed.
[Ord. 83-1975 § 1, 2, passed 9-3-1975]
(a)
All approved storage garages shall post in a conspicuous place on
their premises a notice containing the name and telephone number of
the individual that a vehicle owner should contact in order to obtain
access without undue delay to his drivable vehicle during hours that
such garage is closed to normal business. Such notice shall also be
submitted to the Police Bureau which shall at all reasonable times
be able to supply such information to the vehicle owner or his agent.
(b)
The aforesaid requirement shall apply to all contracts between the
City and its towing contractors.
[Ord. 48-1982 § 1, passed 7-14-1982]
The provisions of this article shall be enforced by the Chief
of Police or his designee. The Chief of Police may designate and promulgate
such rules and regulations as may be necessary to carry out the provisions
of this article.
[Ord. 3-1989 § 1, passed 1-25-1989]
All towing services under contract with the City, as well as
all other towing services in private business, shall notify the Bureau
of Police whenever a vehicle is towed from private property at the
direction of the property owner with the following information: the
date of the tow; the license number, vehicle identification number
and make of the towed vehicle; the location from which it was towed
and the reason for such tow; and the location where such vehicle is
impounded.
[Ord. 9-1989 § 1, passed 2-8-1989]
A Towing Review Board shall be established which shall consist
of a member of Council appointed by the President of Council, two
City residents appointed by Council, an Administrator appointed by
the Mayor, and a member of the Bureau of Police, appointed by the
Chief of Police.
[Ord. 9-1989 § 1, passed 2-8-1989]
The Towing Review Board shall hold regular meetings to be determined
by the Board members and shall be for the following purposes:
(a)
Conduct administrative hearings pursuant to Title 2 of the Pennsylvania
Consolidated Statutes Chapter 5, Subchapter B to hear appeals concerning
the removal of abandoned vehicles; and
(b)
Review noncriminal disputes concerning vehicles towed by wrecker
services under contract with the City to tow vehicles pursuant to
this article and to make final determinations.
[Ord. 9-1989 § 1, passed 2-8-1989]
In addition to those requirements specifically enumerated in the rules and regulations promulgated by the Chief of Police in accordance with Section 527.13, the following criteria shall also be met by any wrecker service under contract with the City.
(a)
No more than one member of any family shall have a towing contract
with the City.
(b)
No individual convicted of a felony or who has three or more unresolved
complaints with the Bureau of Consumer Protection, Office of the Attorney
General of Pennsylvania, shall have or continue to be allowed to hold
a contract for towing for the City.
(c)
Any individual being considered for inclusion on the list of City
Towing Contractors, shall be subject to a background investigation
to be conducted by the Bureau of Police.
[Ord. 4-1999, passed 1-27-1999]
The provisions of Section 6309.1 of the Pennsylvania Vehicle
Code, 75 Pa.C.S.A. 6309.1 are hereby adopted and incorporated herein
by reference. For any vehicle or combination of vehicles with a gross
vehicle weight rating of 17,000 pounds or less, the imposition of
a fine or fines involving the vehicle totaling at least $250 for the
offenses set forth in the said statute shall result in immediate immobilization
of the vehicle for up to 24 hours while the owner makes payment in
full or arranges installments; and if such payment or arrangement
is not made, the vehicle or combination may be impounded, stored with
notice to the required parties, and all costs of such impoundment
added to the amounts recoverable from the violation.
