[Ord. 1999-16, 10/18/1999[1]]
1.
The Doylestown Borough Police Department is hereby authorized to
remove and impound or to order the removal and impoundment by an approved
towing service company of any vehicle parked on any of the streets,
highways or public property in the Borough of Doylestown in violation
of any provision of the law or of any ordinance of the Borough of
Doylestown or otherwise subject to removal and impoundment pursuant
to such authority as may be granted by any other applicable law, statute,
regulation or ordinance, provided that no vehicle shall be removed
for overtime parking.
2.
The Doylestown Borough Police Department is hereby further authorized
to order the removal and impoundment by an approved towing service
company of any vehicle parked on any of the streets, highways or public
property in the Borough of Doylestown upon the request of the owner,
operator or other person having lawful custody or control of such
vehicle.
[1]
Editor's Note: This ordinance also superseded former Part
6, Removal and Impoundment of Motor Vehicles, adopted 2-23-1984 by
Ord. No. 1984-1, as amended.
[Ord. 1999-16, 10/18/1999]
As used in this part, the following terms shall have the meanings
indicted:
Any person, firm, partnership, corporation or other business entity with a place of business and storage facility situate within a radius of five miles from the center of the intersection of Main Street and Court Street in the Borough of Doylestown, which provides motor vehicle towing and storage services in accordance with and pursuant to the requirements of this Part 6 and any rules, regulations and procedures adopted pursuant hereto.
The Doylestown Borough Police Department.
2 Pa. C.S.A. § 105 et seq.
Towing and/or storage services provided by an approved towing
service company but initiated and requested by a member of the Department
at the direction or with the consent of the owner, operator or other
person having lawful custody or control of the vehicle.
Towing and/or storage services provided by an approved towing
service company but initiated and requested by a member of the Department
without the consent of the owner, operator or other person having
lawful custody or control of the vehicle.
[Ord. 1999-16, 10/18/1999]
The Council of the Borough of Doylestown shall, from time to
time, establish and adopt such rules, regulations and procedures,
to be administered by the Department in accordance with the Local
Agency Law, as it deems necessary or appropriate to implement and
carry out the purposes of this Part 6. All approved towing service
companies shall at all times fully comply with and be bound by such
rules, regulations and procedures which shall be fully applicable
to both police-directed and owner-directed towing and storage services.
[Ord. 1999-16, 10/18/1999]
1.
All costs of removal, towing and storage of any vehicle removed,
towed and/or impounded or stored pursuant to the authority contained
in this Part 6, as a result of owner-directed towing and storage services,
shall be the sole liability of the owner of such vehicle. In the case
of police-directed towing and storage charges the owner of such vehicle
shall be primarily liable for such costs. In either case, such costs
shall be paid by the owner of such vehicle to the approved towing
service company in possession of such vehicle prior to the release
of same to the owner, operator or other person lawfully entitled to
custody, control and possession thereof.
2.
In the case of police-directed or owner-directed towing and storage
services, no maximum removal and towing or storage charges shall be
established or charged to the owners of such vehicles by virtue of
this Part 6; provided, however, that the charges to be charged for
removal and towing services and for storage services by an approved
towing service company shall not exceed the usual and customary charges
imposed by such company for like services rendered to its non-Department-related
customers in the normal course of business.
3.
In any case where the Borough of Doylestown is determined to be liable
for the payment of police-directed towing and storage services, the
maximum removal and towing charge to be charged and collected by any
approved towing service company is hereby established at $65, and
the maximum storage charges to be charged and collected by any approved
towing service company is hereby established at $30 per day or portion
thereof. The maximum charges established pursuant to this subsection
may, from time to time, be modified by resolution of Council of the
Borough of Doylestown.
[Ord. 1999-16, 10/18/1999]
In the case of police-directed towing and storage, the Department
shall, within 24 hours next following the day during which any vehicle
was removed, give notice of the fact that such vehicle has been removed
and impounded to the title owner of such vehicle at the address listed
for such title owner on the records of the Department of Motor Vehicles.
Such notice shall designate the place from which such vehicle was
removed, the reason for its removal and impounding, and the approved
towing service company storage facility in which it shall have been
impounded. Such notice shall be deemed given in accordance with this
subsection upon mailing by regular United States Mail within the time
period set forth therein.
[Ord. 1999-16, 10/18/1999]
The Department shall keep a record of all vehicles removed,
towed and/or stored or impounded and shall be able at all reasonable
times to furnish the owners and/or agents of the owners of such vehicles
with information as to the place of storage and the circumstances
of such removal, towing and impoundment.
[Ord. 1999-16, 10/18/1999]
The payments of removal and towing and/or storage charges for
services rendered by approved towing service companies pursuant to
this Part 6 shall not operate to relieve the owner or operator of
any vehicle from liability for any fine, penalty or costs which may
be imposed for a violation of any law or ordinance, either on account
of which such vehicle may have been removed, towed and/or stored or
impounded, or otherwise.
No vehicle shall be removed under the authority of this Part
6 if, prior to the actual removal thereof, the owner, operator or
other person having lawful custody and control or for the time being
in charge of such vehicle is present, possesses the ability and expresses
a willingness and intention to remove such vehicle immediately and
does, in fact, remove such vehicle immediately.
