This article is enacted under the authority of § 6109(a)(22)
of the Pennsylvania 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 article or any
other ordinances now in effect or hereinafter enacted by the Borough
Council. Vehicles which have been abandoned, as defined by the Pennsylvania
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 parked illegally, provided that the circumstances of its
parking were within the conditions stated in strict adherence to the
provisions of this article or the provisions of the Pennsylvania Vehicle
Code.
For the purposes of this section, a "tow-away zone" shall mean any area designated as "no parking" by the Borough, either by temporary order of the Chief of Police or Mayor or listed within the provisions of Articles
IV and
V of this chapter.
Removal and impounding of vehicles under this article or any
other 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 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
garagekeeper for the purpose of towing or storage.
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 or any
other ordinance for which the vehicle was removed or impounded.
In order to reclaim a vehicle, the owner shall pay towing and
storage costs, plus a fee, in an amount as established from time to
time by resolution of the Borough Council.
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 owner or the agent of the owner of those vehicles with
information as to the place of storage of the vehicle.
Within 48 hours of the time that a motor vehicle is taken into
custody, the Police Department shall:
A. Conduct an NCIC check to determine if the motor vehicle is stolen.
B. Give notice by certified mail to the person who was the owner of
the motor vehicle at the time the vehicle was taken into custody and
to any lienholder, which notice shall state:
(1) That the motor vehicle has been taken into custody and stored;
(2) The location of storage of the motor vehicle.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of $100 together
with all costs of disposing of the vehicle under the provisions of
the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 7301 et seq.,
as hereafter amended, supplemented, modified or reenacted by the General
Assembly of Pennsylvania.
If, after a period of 15 consecutive calendar days, the vehicle
in storage remains unclaimed, a report shall be filed with the Pennsylvania
Department of Transportation in accordance with § 7311 of
the Pennsylvania Vehicle Code, by the person having legal custody
of the vehicle. If the vehicle has not been claimed after 30 calendar
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 Vehicle Code, 75 Pa.C.S.A. § 101 et seq., as
amended.
Enforcement of this article shall be implemented by the Chief
of Police of the Borough of Abbottstown or any law enforcement officer
of the Borough, or any law enforcement officer employed by the Pennsylvania
State Police while active within the Borough.