The following words and phrases shall have the meanings respectively
ascribed to them in this section for purposes of this article.
BOROUGH
The Borough of Narberth, Montgomery County, Pennsylvania
BOROUGH MANAGER
The Manager of the Borough of Narberth or the Manager's designee
to fulfill the purposes of this article.
DISABLED MOTOR VEHICLE
A motor vehicle meeting one of more of the following conditions:
A.
A vehicle which is unable to operate or move under its own power
for any reason.
B.
A vehicle that is significantly wrecked, contains sharp or protruding
metal or missing glass, or otherwise poses a physical or environmental
hazard to its surroundings.
C.
A vehicle suspended from a lift, supported by jacks, or propped
up by another object which is not part of the said disabled vehicle.
D.
A vehicle which has flat or missing tires for a period of more
than 72 consecutive hours.
E.
A vehicle that is not current on its registration or does not
bear a current inspection sticker.
F.
A vehicle without title or an ascertainable vehicle identification
number.
DUTY TOWER
A person engaged in the business or performing the services
of operating a vehicle wrecker, tow truck, car carrier or other vehicle
whereby illegally parked, disabled motor vehicles, and/or abandoned
vehicles are towed or otherwise removed from the place where they
are parked, disabled, or abandoned, which "duty tower" shall have
been appointed by Narberth Borough Council for the aforesaid services.
EMERGENCY SITUATION
One which is caused by accident, casualty or other unexpected
circumstances which renders a motor vehicle inoperative or immobile,
provided that no such emergency situation shall be deemed to exist
for a period of more than 12 consecutive hours after said accident,
casualty or other unexpected circumstances.
FLATBED WRECKER
A flatbed vehicle equipped with a roll body and which is
designed for and capable of lifting and transporting passenger and
commercial vehicles.
HEAVY-DUTY WRECKER
A vehicle with a minimum twenty-five-ton capacity, designed
for and capable of lifting and transporting passenger and commercial
vehicles.
LEASED
A vehicle leased for a fixed period of greater than 18 months
and for a fixed flat rate to a duty tow contractor. The lessor must
be a business, company or corporation whose usual and customary business
is that of leasing motor vehicles.
LIGHT-DUTY WRECKER
A vehicle designed for and capable of lifting and transporting
passenger vehicles or motorcycles, including wheel lift or sling/recover
wreckers.
Disabled motor vehicles and illegally parked and unattended
motor vehicles are hereby declared a public nuisance, per se, and
may be towed and impounded pursuant to the following provisions:
A. Any motor vehicle illegally parked and left unattended, or a disabled
motor vehicle, may be immediately towed and impounded without prior
notice if:
(1) The motor vehicle blocks a public or private driveway without the
consent of the owner or person in control of the property.
(2) The motor vehicle obstructs the movement of an emergency vehicle.
(3) The motor vehicle obstructs or interferes with the use of a fire
hydrant.
(4) The motor vehicle obstructs or disrupts Borough operations including,
but not limited to, snow plowing operations.
(5) The motor vehicle is parked in violation of a posted parking regulation,
where a temporary or permanent traffic sign indicates "Tow Away Zone"
or words to that effect.
(6) The motor vehicle is parked or disabled on a street or alley in a
manner that significantly obstructs pedestrian or vehicular traffic.
(7) The motor vehicle was involved in a collision or similar accident
upon the streets or public highways of the Borough to the extent that
the motor vehicle is unable to safely operate or move under its own
power or poses a physical or environmental hazard to its surroundings.
(8) The motor vehicle is parked in violation of any other provision of
this chapter of the Narberth Borough Code that authorizes immediate
towing without prior notice.
B. Any motor vehicle illegally parked on public property owned or controlled
by the Borough and left unattended may be towed and impounded if not
removed within 24 hours.
C. Any disabled motor vehicle or a motor vehicle parked illegally and unattended in a manner not otherwise set forth above under Subsection
A, or parked and unattended without an applicable, valid parking permit, on or along any street or highway of the Borough or on property other than that of the owner without such owner's permission or the permission of the person in control of the property for a period of seven days or more. Unless parked in a manner violating Subsection
A, motor vehicles or accompanying equipment used or to be used in the construction, operation, or maintenance of public utility facilities shall not be considered to be parked illegally.
D. Pursuant to the provisions of this chapter, the Borough of Narberth
Police Department is hereby authorized to remove and impound, or to
order the removal and impounding of, any motor vehicle parked on any
of the streets, highways, or public property in the Borough parked
in violation of this chapter.
Within 12 hours from the time of removal of any vehicle under
authority granted by this article, notice of the fact that such vehicle
has been impounded shall be sent by the Narberth Borough Police Department
to the owner of record of such vehicle. Such notice shall designate
the place from which such vehicle was removed, the reason for its
removal and impounding and the pound in which it shall have been impounded.
The payment of towing and storage charges authorized by this
article shall not operate to relieve the owner or operator of any
vehicle from liability for any fine or penalty for violation of any
law or ordinance on account of which such vehicle was removed and
impounded.
Each and every duty tower for the Borough shall enter into a
contract with the Borough, which provides for the towing of vehicles
owned by the Borough up to 17,000 pounds at no expense to the Borough.
Duty towers shall be responsible for Borough-related towing,
which includes, but shall not be limited to, towing relating to a
Borough construction project, Borough special event, special police
investigation that may yield nonpayment by the vehicle owner.