[HISTORY: Adopted by the Borough Council of the Borough of
Towanda 4-5-1965. Amendments noted where applicable.]
[Amended 2-4-2019 by Ord.
No. 2019-2]
As used in this chapter, the following terms shall have the
meanings indicated:
As used in this chapter shall mean any motor vehicle or motor
vehicle trailer which is allowed to stand or is parked on any street,
highway, parking lot or other public property of the Borough for a
period of two days, without having been removed during said two-day
period, or is left on private property within the Borough without
the consent of the owner, occupant or lessee thereof for longer than
two hours.
One that:
Is left upon a public street or highway within the Borough in
violation of a law or ordinance prohibiting parking;
Is in such a state of disrepair as to be incapable of being
moved under its own power;
Is missing one or more tires or wheels;
Is in a dismantled or partially dismantled condition;
Does not have a current license plate affixed;
If applicable, does not have a current inspection sticker affixed;
Is left on private property within the Borough without the consent
of the owner, occupant or lessee thereof for longer than two hours;
or
Is allowed to stand or is parked on any street, highway, parking
lot or other public property of the Borough for a period of two days,
without having been removed during such two-day period.
One that is designed for attachment to motor vehicles for
the purpose of transporting persons or things and:
Is left upon a public street or highway within the Borough in
violation of a law or ordinance prohibiting parking;
Is in such a state of disrepair as to be incapable of being
moved under its own power;
Is missing one or more tires or wheels;
Is in a dismantled or partially dismantled condition;
Does not have a current license plate affixed;
If applicable, does not have a current inspection sticker affixed;
Is left on private property within the Borough without the consent
of the owner, occupant or lessee thereof for longer than two hours;
or
Is allowed to stand or is parked on any street, highway, parking
lot or other public property of the Borough for a period of two days,
without having been removed during said two-day period.
As used in this chapter, shall mean any motor vehicle or
motor vehicle trailer parked on any of the streets, highways, parking
lots, or public property of the Borough or left on private property
without the consent of the owner, occupant or lessee thereof in violation
of the provisions of the law or of any ordinance in the Borough.
[Amended 2-4-2019 by Ord.
No. 2019-2]
The Chief of Police is hereby authorized to remove and impound,
or to order the removal and impounding, of any abandoned motor vehicle,
abandoned motor vehicle trailer or illegally perked motor vehicle
or motor vehicle trailer on any of the streets, highways, parking
lots, or public property of the Borough or on any private property
within the Borough in violation of any of the provisions of the law
or of any ordinance of the Borough; provided, however, that no motor
vehicle or motor vehicle trailer shall be removed or impounded except
in strict adherence to the provisions of this chapter.
[Amended 2-4-2019 by Ord.
No. 2019-2]
A.
Prior to the removal of any abandoned motor vehicle, abandoned motor
vehicle trailer or illegally parked motor vehicle or motor vehicle
trailer, the Chief of Police shall give written notice to the owner
or owners of the said motor vehicle or motor vehicle trailer that
the such motor vehicle or motor vehicle trailer will be removed and
impounded with costs imposed on the owner or owners.
B.
The written notice shall state that the owner or owners shall have
48 hours from the receipt of the said notice to remove the abandoned
motor vehicle, abandoned motor vehicle trailer or illegally parked
motor vehicle or motor vehicle trailer. If the abandoned motor vehicle,
abandoned motor vehicle trailer or illegally parked motor vehicle
or motor vehicle trailer is of no value and not worth the price of
removal, the written notice shall state that the abandoned motor vehicle,
abandoned motor vehicle trailer or illegally parked motor vehicle
or motor vehicle trailer will be sold when removed and the proceeds
obtained therefrom used for payment of the cost of removal.
C.
In the event that the owner or owners of the abandoned motor vehicle,
abandoned motor vehicle trailer or illegally parked motor vehicle
or motor vehicle trailer cannot be found, the Chief of Police will
give notice that the said abandoned motor vehicle, abandoned motor
vehicle trailer or illegally parked motor vehicle or motor vehicle
trailer will be removed and impounded with costs on the owner or owners,
by publication, in the Towanda Daily Review, two times in seven days,
with the second publication appearing not less than three days after
the first. Said notice shall contain a description of the abandoned
motor vehicle, abandoned motor vehicle trailer or illegally parked
motor vehicle or motor vehicle trailer and its location and a statement
that if the abandoned motor vehicle, abandoned motor vehicle trailer
or illegally parked motor vehicle or motor vehicle trailer is of no
value and not worth the price of removal, it will be sold when removed
and the proceeds obtained therefrom used for the payment of the costs
of removal.
[Amended 10-5-2020 by Ord. No. 2020-2]
The following facility is hereby designated as an approved pound
for the storage of such impounded vehicles:
|
Jack Williams Garage, 224 Old Route 6 Road, Wysox, Pennsylvania
18854
|
Every such approved storage lot shall post a bond, in the amount
of $2,000, to be filed with the Borough Secretary, for the indemnifying
of the owner of any such impounded vehicle against the loss thereof,
or injury or damage thereto, while in the custody of said poundkeeper.
[Amended 6-5-1972 by Ord. No. 7-1972]
The following are hereby fixed and established as the charges
that shall be made for the towing and storage of any vehicle removed
and impounded under the authority of this article. The towing charge
shall be $25 and the storage charge shall be $1 per day.
Within 12 hours of the time of removal of any vehicle under
authority granted by this article, written notice of the fact that
such vehicle has been impounded shall be mailed by the Chief of Police
of the Borough to the owner of record of such vehicle. Such written
notice shall designate the place from which said vehicle was removed,
the hours of its removal and impounding, the pound in which it shall
have been impounded, and the amount of costs for towing and storing
the said vehicle.
The payment of any towing and impounding charges authorized
by this article shall, unless such payment shall have been made "under
protest," be final and conclusive, and shall constitute a waiver of
any right to recover the money so paid.
In the event that any towing and impounding charges so imposed
shall be paid "under protest," the offender shall be entitled to a
hearing before the Mayor or a court of record having jurisdiction,
in which case such defendant shall be proceeded against and shall
receive such notice as is provided by the Vehicle Code in other cases
of summary offenses, and shall have the same rights as to appeal and
waiver of hearing.
The Chief of Police shall keep a record of all vehicles impounded
and shall be able at all reasonable times to furnish the owners or
agents of the owners thereof with information as to the place of storage
of such vehicles.
The payment of towing and storage charges shall not operate
to relieve the owner or operator of any vehicle from liability for
any fine or penalty for the violation of any law or ordinance on account
of which the said vehicle was removed and impounded.
