This chapter shall be known as and may be cited as "Old Forge
Borough Vehicle Towing and Storage Ordinance.''
The Old Forge Borough Police Department is hereby authorized
to remove and impound or to order the removal and impounding of any
vehicle parked on any streets, highways or public property in the
Borough of Old Forge in violation of any provision of the law or any
ordinance of the Borough of Old Forge; provided, however, that no
such vehicle shall be removed or impounded except in strict adherence
to the provisions of this chapter.
The Old Forge Police Department shall have the list of authorized towing companies for the Borough to call in the event that a vehicle's owner is unable or unwilling to request towing services. The Old Forge Police Department may also use different towing companies not on the list if special situations deem it necessary for the type of towing situation in its discretion. If a towing company is unable to respond to a call within 30 minutes after being called, that towing company will lose its turn in the rotation; another towing company may respond for that towing company. Each towing company on the list may have a backup towing company they use in the event that it is unable to respond within the 30 minutes, so long as the backup towing company meets the qualifications in §
329-3.
Towing companies are prohibited from soliciting calls. Any company
which responds to a call without being dispatched by the Old Forge
Police Department will receive a written letter of reprimand for that
first offense, will be suspended from the towing list for six months
for the second offense, and will be removed from the towing list permanently
for the third offense. In addition to the penalties stated above,
the towing companies will be fined $100 for each offense. In addition,
any towing company violating the rule regarding solicitation of calls
stated above, regardless of whether the company is on the official
towing list herein, will be subject to a fine of $100 per offense
for such violation. No fine shall be imposed in the event a vehicle
owner calls its own tower.
All authorized towers must be available to come out and release
vehicles between the hours of 7:00 a.m. and 7:00 p.m. seven days a
week.
Each towing company must have the capability to store vehicles once the vehicles are towed. A towing company may not tow a vehicle and place the towed vehicle on a roadway. A violation of this section is subject to the same penalties as set forth in §
329-5, Prohibitions, above.
The Old Forge Borough Council shall establish by resolution
from time to time a list of towing companies to be used by the Old
Forge Borough Police Department for the towing of vehicles in the
Borough of Old Forge in its discretion. A tower who fails to maintain
its qualifications may be removed from the list and rotation until
such time as it complies with the qualifications herein.
Any other ordinance provision(s) or regulation of the municipality
inconsistent with any of the provisions of this chapter is hereby
repealed to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares
any section or provision of this chapter invalid, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
This chapter shall be effective upon enactment and shall remain
in force until modified, amended or rescinded by Borough of Old Forge,
Lackawanna County, Pennsylvania.