Exciting enhancements are coming soon to eCode360! Learn more 🡪
Borough of Abbottstown, PA
Adams County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (19) Index
A. 
Words and phrases, when used in this article, except for sections to which different or additional definitions apply, shall have the meanings ascribed to them in the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 101 et seq., as amended, except that in this article the word "street" may be used interchangeably with the word "highway" and shall have the same meaning as the word "highway" defined in the Pennsylvania Vehicle Code.
B. 
As used in this article, the following terms shall have the following meanings, unless the context clearly indicates a different meaning is intended:
BOROUGH
The Borough of Abbottstown.
BOROUGH COUNCIL
The Borough Council of the Borough of Abbottstown.
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.
A. 
No vehicle shall be removed under the authority of this article, or the Pennsylvania 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.
B. 
In the event that a towing company has already been contacted for removal of a vehicle which has been cited for a violation, prior to the arrival of the owner or driver to the vehicle, the owner shall be responsible for any charges incurred from the towing company for deployment.
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.