[Ord. No. 12-13-1989, 12/13/1989]
This Part 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 Motor Vehicle Code.
[Ord. No. 12-13-1989, 12/13/1989]
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 §
15-601 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. 12-13-1989, 12/13/1989]
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
|
Side
|
Between
|
---|
(Reserved)
|
[Ord. No. 12-13-1989, 12/13/1989]
Removal and impounding of vehicles under this chapter 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 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. No. 12-13-1989, 12/13/1989]
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 chapter for which
the vehicle was removed or impounded.
[Ord. No. 12-13-1989, 12/13/1989; as amended by Ord. No. 01/13/99, 1/13/1999, §§ 1, 3]
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. At its 1999 organizational meeting, Wesleyville
Borough Council shall adopt, by resolution, a comprehensive fee schedule
establishing the amount of each fee for the calendar year of 1999.
Thereafter, Wesleyville Borough Council shall at it regular June meetings
adopt, by resolution, a comprehensive schedule establishing the amount
of each fee to be effective from January 1 through December 31 of
the following calendar year. A written summary of the comprehensive
fee schedule shall be available to the general public at the Borough's
office, located at 3421 Buffalo Road, Wesleyville, PA 16510.
[Ord. No. 12-13-1989, 12/13/1989; as amended by Ord. No. 2019-07, 7/10/2019;
and by Ord. No. 2019-009, 10/9/2019]
The Borough Police Department 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. 12-13-1989, 12/13/1989]
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. 12-13-1989, 12/13/1989]
Any person who shall violate any provision of this chapter 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.
[Ord. No. 12-13-1989, 12/13/1989]
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).