This Article is enacted under authority of Section 6109(a)(22) of the Vehicle Code[1] 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 chapter. Vehicles which have been abandoned (as defined by the 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.[2]
[1]
Editor's Note: See 75 Pa.C.S.A. § 6109(a)(22).
[2]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
The Borough shall have authority to remove and impound or to order the removal and impounding of any vehicle parked overtime or otherwise illegally, provided that the circumstances of its parking were within the conditions stated in § 305-53 of this Article, provided that no such vehicle shall be removed or impounded except in strict adherence to the provisions of this Article or the provisions of the Pennsylvania Vehicle Code.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
The streets and/or parking lots set forth in § 305-108 (Schedule XXV) are hereby established as tow-away zones. Signs shall be posted to place the public on notice that their vehicles may be towed for violation of the Borough parking regulations.
Removal and impounding of vehicles under this 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 Council 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 garage keeper for the purpose of towing or storage. The approved storage garage shall submit to the Borough Council its schedule of charges for towing and storage of vehicles under this Article, and when the schedule is approved by the Borough Council, those charges shall be adhered to by the approved storage garage; no different schedule of charges shall be demanded of or collected from any person whose vehicle is removed or impounded under this Article by any approved storage garage. The Borough Council shall delete from its list of approved storage garages any garage that makes any unapproved charge in connection with any vehicle removed or impounded under this Article.
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 provision of this Article for which the vehicle was removed or impounded.
In order to reclaim his or her vehicle, the owner shall pay towing and storage costs, plus a fee established from time to time by resolution of the Borough Council.[2]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[2]
Editor's Note: The current fee schedule is on file in the office of the Borough Manager.
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 owners or the agents of the owners of those vehicles with information as to the place of storage of the vehicle.
No vehicle shall be removed under the authority of this Article or the 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.
Any person who shall violate any provision of this Article shall, upon conviction thereof, be sentenced to pay a fine of $50, together with all costs of disposing of the vehicle under provisions of the Vehicle Code, 75 Pa.C.S.A. § 7301 et seq. (1977), as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
If after a period of 15 days the vehicle in storage remains unclaimed, a report shall be filed with PennDOT in accordance with Section 7311 of the Vehicle Code[1] by the person having legal custody of the vehicle. If the vehicle has not been claimed after 30 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 Motor Vehicle Code (75 Pa.C.S.A. § 101 et seq., as amended).
[1]
Editor's Note: See 75 Pa.C.S.A. § 7311.