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:
B.
Vehicles parked in metered and unmetered parking lots in the borough in violation of any provision of Article VI or Article VII of this chapter.[2]
[2]
Editor's Note: Certain commentary, which followed
this section in the original ordinance, was omitted for publication.
The full text of this commentary is on file in the Borough Secretary's
office.
C.
Vehicles that are parked on any street in the borough in violation of any provision of Ordinance No. 446-1994, as contained in Article IX of this chapter of the Code of the Borough of Lehighton (relating to alternate side to side parking and snow emergency routes).
[Added 12-12-1994 by Ord. No. 450]
[1]
Editor's Note: See 75 Pa. Code § 6109(a)(22).
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 § 213-71 of this Article, and provided that no such vehicle shall be removed or impounded except in strict adherence to the provisions of this Article.
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 Council. Every such garage
shall submit evidence to the Council that it is bonded or has acquired
liability insurance in an amount satisfactory to the Council as sufficient
to identify 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 Council its schedule of charges for towing and storage of vehicles
under this Article, and, when the schedule is approved by the Council,
those charges shall be adhered to by the approved storage garage.
No different schedule of charges shall be adopted without approval
of the 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 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.
Within 72 hours from the time of removal of
any vehicle under authority granted by this Article, notice of the
fact that the vehicle 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 was removed, the reason for its removal
and impounding and the garage in which it was 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.
No vehicle shall be removed under the authority
of this Article 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.
