As used in this Part 3, the following terms shall have the meanings
indicated:
Vehicles of the Police or Fire Department, ambulances and
emergency vehicles of municipal departments or public service corporations.
Any area within an off-street parking facility clearly marked
by paint lines, curbs or otherwise as an area for parking a vehicle.
That portion of any street where parking meters, official
signs or both have been posted limiting parking to a certain maximum
time duration.
The privilege of stopping, standing or parking a truck or
other vehicle while engaged in the expeditious loading or unloading
of material on any street.
That portion of any street where official signs, permanent
or temporary, have been posted designating such areas as a "no parking
- street cleaning" zone.
That portion of any street where official signs or markings
have been placed prohibiting stopping or parking or designating it
as a tow-away zone.
Any lot, garage or other facility for the off-street parking
of vehicles owned, leased, operated and approved by the Borough of
Dormont.
Every person who operates or is in actual physical control
of a vehicle as the owner, agent, employee or permittee or licensee
of the owner.
Any device for the insertion of coins and tokens in payment
of parking charges which indicates thereon the length of time during
which a vehicle may be parked in an individual parking space, the
rate charged for such parking and whether the vehicle in such space
has been parked in compliance with the time and rate regulations on
such meter.
A limited-time parking zone where parking meters have been
installed.
That portion of any street where official signs have been
posted prohibiting parking or stopping between certain hours.
Any official sign, signal, marking or other device designed,
placed or erected to regulate, warn or guide traffic.
A bus, streetcar or other similar vehicle used for the transportation
of persons for compensation.
A device consisting of metal clamps or jaws and a padlocking
device which, when attached to the wheel of a motor vehicle, prevents
the vehicle from being driven.
A.
Any vehicle having three or more unpaid summonses or other process
or threemeter parking violation offenses issued against it, charging
that such vehicle was parked, stopped or standing in violation of
the Motor Vehicle Code of the Commonwealth of Pennsylvania or any
other traffic ordinance or regulation of the Borough of Dormont, is
deemed to be a public nuisance, and the Police Department of the Borough
of Dormont or any police officer of the Borough of Dormont or any
other agent assigned by the Borough of Dormont to traffic duty is
hereby authorized to:
(1)
Remove such vehicle or cause it to be removed at the sole cost and
expense of the owner.
(2)
Immobilize such vehicle(s) by means of applying a wheel lock. If
the vehicle has remained immobilized for a period of 24 hours and
release has not been obtained, the police or other Borough authority
shall have the authority to remove such vehicle or cause it to be
removed at the sole cost and expense of the owner. In any case involving
the immobilization of a vehicle pursuant to this section, a notice
shall be placed on such vehicle, in a conspicuous manner, sufficient
to warn any individual that such vehicle has been immobilized and
that any attempt to move such vehicle may result in damage thereto.
B.
The police or other Borough authority shall have the power and is
hereby authorized to remove the vehicle by either private or governmental
equipment to places designated in Borough ordinances relating to towing
or such other place as may be contracted for from time to time by
the Borough Council.
Whenever the Police Department or any representative thereof has impounded a vehicle pursuant to § 195-66 hereof, notice of the removal and storage place of such vehicle shall be mailed to the last registered owner, if the name and address of such owner can be ascertained with reasonable diligence. Such notice shall state that if the owner fails to reclaim the vehicle within 15 days from the date of the mailing, a lien shall be placed on such vehicle and the vehicle shall be sold at public auction to be held not sooner than 30 days from the date of receipt of the certified mailing.
The registered owner of a vehicle having five or more outstanding
summonses against it shall be responsible for any violations of this
Part 3 or any other violation under existing Borough ordinances and
state statutes relating to parking, stopping or standing in violation
of said ordinance and shall be responsible for the impoundment, except
where proof is presented that such vehicle had been stolen and had
not been returned to the registered owner by the dates of the violations.
A.
Vehicles immobilized or impounded pursuant to this Part 3 shall be
released to their lawful owner or person entitled to possession upon
a showing of adequate evidence of a right to its possession and upon
paying all accrued fines and costs for each outstanding unpaid summons
or depositing of the collateral required for his or her appearance
in the District Justice Court to answer to each violation for which
there is an outstanding or otherwise unsettled traffic violation notice
or warrant and, in addition thereto, the charges for immobilization,
towing and storage.
B.
In the event that the owner of the vehicle believes that the immobilization
was not authorized by law pursuant to this Part 3, he or she may demand
a hearing on the immobilization before the Magisterial District Judge
having jurisdiction. Such demand shall be made in writing upon a form
supplied by the Borough. Such hearing shall be held as scheduled by
the Magisterial District Judge. The sole issue to be determined at
such hearing on the immobilization shall be whether five or more parking
violation citations have been issued against the vehicle within an
eighteen-month period and remain unpaid. As to whether or not the
citations remain outstanding and unpaid, the records as provided by
the Police Department of the Borough of Dormont shall be a conclusive
presumption of the status of the citations.
(2)
If the Magisterial District Judge determines that five or more unpaid
parking violation citations within an eighteen-month period are not
outstanding and thus the towing or wheel locking was unauthorized
by law, the owner shall be entitled to immediate release and return
of the vehicle without the payment of any wheel locking or towing
fee or storage charges.
Whenever any vehicle impounded pursuant to this Part 3 remains unclaimed by the owner or other person legally entitled to possession for 30 days, such vehicle may be sold in accordance with the Motor Vehicle Code of the Commonwealth of Pennsylvania (75 Pa.C.S.A. § 7301 et seq.) relating to the rights of salvors and towers.
It shall be the duty of the Borough of Dormont Police Department
to safely keep any impounded vehicle until such vehicle has been redeemed
by the owner or person legally entitled to possession thereof or otherwise
dispose of it as provided in this Part 3. The Police Department shall
cause an accurate record to be kept of the description of such vehicle,
including the name of the officer from whom such a vehicle was received,
the officer employed to tow or have such vehicle delivered to the
pound or authorized garage, the date and time when received, the place
where found, seized or taken possession of, the make and color of
the car, style or body, serial number, year, build, state license
number, if any, equipment and general description of condition, the
name and address of the person redeeming such vehicle, the date of
redemption and date of disposal in case such vehicle is not redeemed,
together with any costs of outstanding summonses and the towing and
storage charges. This record shall be in the form prescribed by the
Chief of Police.
The Borough Council is hereby authorized to solicit bids and
to enter into annual contracts with one or more reputable private
towers to tow, to designated pounds, vehicles illegally parked, wrecked,
abandoned or seized with the Borough, when such towing services are
authorized by the Chief of Police.
Before the owner or his or her agent is permitted to remove
an impounded vehicle from any authorized facility, he or she shall:
A.
The Mayor of the Borough or, in the absence or unavailability of
the Mayor, the Chief of Police or a desk officer on duty in the Police
Department is hereby authorized to impose and collect a charge to
cover the costs of immobilization of vehicles as shall be established
from time to time by resolution of the Borough Council. A notice of
this charge shall be given on the warning notice placed on each immobilized
vehicle.
B.
The Mayor of the Borough or, in the absence or unavailability of
the Mayor, the Chief of Police is hereby authorized to impose and
collect charges for towing vehicles by Borough tow trucks or by private
towers under contract with the Borough according to the schedules
set forth by this Part 3.
The charges for towing each designated type of vehicle pursuant
to the provisions of this Part 3 shall be an amount as shall be from
time to time agreed upon by the Borough and authorized towing companies
or private towers, which shall be established from time to time by
resolution of the Borough Council.[1]
[1]
Editor's Note: The current fee resolution is on file
in the office of the Borough Manager.
Any person who violates any of the provisions of this Part 3
shall be required to pay a fine of not more than $500, upon conviction
thereof before a Magisterial District Judge, and, upon failure to
pay the same upon conviction, shall be imprisoned for a period of
not more than 30 days. Each day's violation shall constitute
a separate offense. The imposition of a penalty shall not excuse the
violation or permit it to continue.
