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Borough of East Stroudsburg, PA
Monroe County
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Table of Contents
Table of Contents
Code
New Laws (5) Index
Public Documents
Misc. Documents (1)
[Amended 9-17-2002 by Ord. No. 1130, approved 9-17-2002; 3-4-2014 by Ord. No. 1286, approved 3-6-2014]
A. 
This article is enacted under authority of Section 6109(a)(22) of the Pennsylvania Motor Vehicle Code and gives authority to the Borough to remove and impound:
(1) 
Motor vehicles or conveyances that are parked overtime on any street in the Borough, or in unmetered parking lots in the Borough, in violation of any provision of Article I or III of this chapter.
(2) 
Motor vehicles or conveyances parked in metered parking lots in the Borough in violation of any provision of Article IV of this chapter.
(3) 
Motor vehicles or conveyances parked on snow emergency routes in violation of a snow emergency declaration in violation of any provision of Article VI of this chapter.
B. 
All costs and expenses for removal and impounding pursuant to this article shall be borne by the applicant.
[Amended 9-17-2002 by Ord. No. 1130, approved 9-17-2002]
A. 
The Borough shall have the authority to remove and impound, or to order the removal and impounding, of any motor vehicle or conveyance parked overtime or otherwise illegally, provided that the circumstances of its parking were within the conditions stated in § 150-38 of this article and provided that no such vehicle shall be removed or impounded except in strict adherence to the provisions of this article.
B. 
If any motor vehicle/conveyance is illegally parked in violation of any of the provisions of this chapter or of any applicable provision of the Motor Vehicle Code of the Commonwealth of Pennsylvania, and whose owner is delinquent in payment offines and costs imposed by a District Magistrate as a result of his/her violation of the parking laws of the Borough of East Stroudsburg or the Commonwealth of Pennsylvania, then the owner's motor vehicle(s) or conveyance(s) shall be prohibited from parking on any streets within the Borough and shall be seized, removed and impounded.
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 garagekeeper 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 adopted without approval of the Borough Council, and no different 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.
[Amended 9-17-2002 by Ord. No. 1130, approved 9-17-2002]
Within 24 hours from the time of removal of any motor vehicle or conveyance under authority granted by this article, notice of the fact that the vehicle or conveyance was removed shall be sent by the Borough to the owner of record of the vehicle. The notice shall designate the place from which the vehicle or conveyance was removed, the reason for its removal and impounding and the garage in which it was impounded.
The payment of any towing and storage charges authorized by this article shall, unless payment is made under protest, be final and conclusive and shall constitute a waiver of any right to recover the money so paid. If payment of any towing or storage charges is made under protest, the offender shall be entitled to a hearing before a District Justice. 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 chapter for which the vehicle was removed or impounded.
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.
[Amended 9-17-2002 by Ord. No. 1130, approved 9-17-2002]
Before the owner or duly authorized person shall be allowed to repossess or to secure the release of a vehicle or conveyance that has been impounded pursuant to the provisions of this article, he or she shall pay the following:
A. 
The cost of towing the vehicle or conveyance as charged by the approved storage garage.
B. 
The cost of storage for each day or portion of a day that the approved storage garage has charged for storing the vehicle/conveyance.
C. 
The total amount due on all outstanding parking fines owed to the Borough of East Stroudsburg, including costs, and the satisfaction of all outstanding warrants.