[Amended 5-29-2001 by Ord. No. 5-2001]
The Borough of Kutztown, Berks County, Pennsylvania
(the "Borough") shall designate by resolution an official towing service
or services, storage garages and impound lot or impound lots for all
vehicles impounded under the provisions of this article. Any vehicle
impounded pursuant to this article will be stored at the impound lot
with the exception of those vehicles impounded by the Borough Police
Department for a criminal investigation. Any vehicle impounded by
the Borough Police Department pursuant to a criminal investigation
and/or for the collection of evidence shall be stored at a Borough
garage and/or impound lot (the "criminal impound lot") situated at
the rear of the Borough Hall located at 45 Railroad Street in the
Borough or any other location as specified by the Borough Police Department.
[Amended 5-29-2001 by Ord. No. 5-2001]
Whenever any vehicle shall be impounded or towed
pursuant to a violation of the Motor Vehicle Code[1] and/or any other laws of the Commonwealth of Pennsylvania
or ordinances of the Borough, now or hereafter in effect, such vehicles
shall be removed, by or at the direction of the Kutztown Borough Police
Department, to the impound lot; provided, however, that no vehicle
will be towed away from the place where it is so found if at the time
of the intended removal the owner or person for the time being in
charge thereof is present and shall express a willingness and intention
to immediately remove said vehicle and be willing to pay any reasonable
charges incurred by the towing service, and provided that such owner
or person for the time being in charge of the vehicle would otherwise
be permitted by law to operate such vehicle at that time. All vehicles
that are seized pursuant to the authority of the Motor Vehicle Code
and/or other laws of the Commonwealth of Pennsylvania or ordinances
of the Borough shall be removed, by or at the direction of the Borough
Police Department, to the impound lot. In the case of a criminal investigation
and/or for the collection of evidence, all vehicles shall be removed,
by or at the direction of the Borough Police Department, to the criminal
impound lot or any other location as specified by the Borough Police
Department.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101
et seq.
[Amended 5-29-2001 by Ord. No. 5-2001]
A.
Before an owner shall be permitted to remove an impounded
vehicle from the impound lot, the owner shall:
(1)
Procure from the Borough Police Department a release
in triplicate, such release to indicate permission by the Borough
Police Department to remove the vehicle from the impound lot.
(2)
Review and execute a property form for such vehicle
so removed on a form to be provided by the Borough Police Department.
(3)
Pay to the towing service the actual towing charges
and storage fees incurred by the towing service in removing such vehicle
to the impound lot.
B.
Before an owner shall be permitted to remove an impounded
vehicle from the criminal impound lot, the owner shall:
(1)
Procure from the Borough Police Department a release
in triplicate, such release to indicate permission by the Borough
Police Department to remove the vehicle from the criminal impound
lot.
(2)
Pay to the Borough Police Department the actual charges incurred by the Borough in removing such vehicle to the criminal impound lot and storage charges, all of which storage charges shall be determined in accordance with the provisions of § 212-50 of this article.
(3)
Review and execute a property form for such vehicle
so removed on a form to be provided by the Borough Police Department.
[Amended 5-29-2001 by Ord. No. 5-2001]
The payment of the towing and/or storage charges
shall not operate to relieve the owner of such vehicle from liability
for any fine or penalty imposed for any civil and/or criminal violation
of any law or ordinance on account of which the vehicle is impounded,
and provided further that the payment of such charges shall be final
and conclusive and shall constitute a waiver of any right to recover
the monies paid.
[Amended 5-29-2001 by Ord. No. 5-2001]
The Chief of Police or the Borough Manager may
waive the payment of towing and/or storage charges, in whole or in
part, by the owner of any vehicle impounded to the Criminal Impound
Lot when warranted.
[Amended 5-29-2001 by Ord. No. 5-2001]
Prior to performing any services identified
under this article, each towing service designated by the Borough
shall execute an agreement with the Borough accepting all the conditions
and requirements as specified by the Borough.
[Amended 5-29-2001 by Ord. No. 5-2001; 5-20-2021 by Ord. No. 2-2021; 5-20-2021 by Res. No. 8-2021]
The charges for towing and removing any vehicle
impounded under the provisions of this article shall be the actual
charge to or expense incurred by the towing service and/or the Borough
in effecting the removal to the impound lot or criminal impound lot.
In addition, the storage charges for all vehicles impounded at the
criminal impound lot is fixed at $15 per day or any fraction thereof
during which said vehicle is there impounded pursuant to a criminal
investigation. Storage charges for the criminal impound lot shall
not begin to accrue until notice is given to the registered owner
or their assign that the vehicle has been released and is to be removed
from the criminal impound lot. The official towing service or services
shall set forth their own reasonable storage fees for vehicles stored
on the impound lot.
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 of those vehicles with
information as to the place of storage of the vehicles.
[Amended 5-29-2001 by Ord. No. 5-2001]
After a period of 15 days following the release
of the vehicle and the vehicle remains unclaimed, the Police Department
shall proceed with declaring the vehicle abandoned as provided for
by Title 75 of the Pennsylvania Consolidated Statutes.[1]
[1]
Editor's Note: See 75 Pa.C.S.A § 101
et seq.
[Amended 5-29-2001 by Ord. No. 5-2001]
The following defined terms shall be applicable
to this article, and in addition to any other terms defined elsewhere
in this article.
The business(es) appointed by the Borough of Kutztown by
resolution which provides for the towing, storage and impoundment
of vehicles impounded under the provisions of this article for a fee.
The secured vehicle storage area maintained by the Borough
Police Department for the purpose of storing impounded vehicles seized
by the Borough Police Department pursuant to a criminal investigation
and collection of evidence presently situated at the rear of the Borough
Hall located at 45 Railroad Street in the Borough or any other location
as specified by the Borough Police Department.
The storage facility(ies) appointed by the Borough of Kutztown
by resolution which provides for the secure storage of impounded vehicles
seized pursuant to this article.
The Motor Vehicle Code of the Commonwealth of Pennsylvania
(codified at 75 Pa. C.S.A. § 101 et seq.), as amended, supplemented,
modified, reenacted and/or recodified, from time to time.
Any person which is the actual owner or holder of legal title
to any vehicle; the agent for any such actual owner or holder; the
custodian of a vehicle; and/or the lessee of any vehicle.
Any natural person, firm, partnership, association, corporation,
trust or other entity.
