[Ord. 416, 4/22/1991]
The Police Department of the Borough of East Lansdowne is hereby
authorized to remove and impound, or to order the removal and impounding
of any vehicle parking in a towing zone hereby created; provided that
no vehicle shall be removed or impounded except in strict adherence
to the provisions of this Part.
[Ord. 416, 4/22/1991]
The Police Department.
Any garage owned by the Borough, by any public agency, or
privately owned, designated by the Council of the Borough of East
Lansdowne as an Official Towing Station.
Any area designated by the Council of the Borough of East
Lansdowne where parking is otherwise prohibited by law or ordinance,
from which parked vehicles shall be removed or towed by the Police
Department.
Any automobile or other device in, upon, or by which any
person or property may be transported on a public highway.
[Ord. 416, 4/22/1991]
The Borough Council is authorized to designate approved garages
within the Borough as Official Towing Stations to which vehicles may
be removed for storage by the Department in the manner hereinafter
set forth.
[Ord. 416, 4/22/1991]
1.
The Borough Council shall, by ordinance, designate Towing Zones.
A.
Such ordinance shall specify the hours during which vehicles shall
be removed or towed from said Towing Zones.
2.
The Fire Marshal of the Borough may, in accordance with principles of public safety, designate temporary or permanent Towing Zones which he, in his discretion, determines are required to assure, within the Borough of East Lansdowne, access of fire and/or emergency apparatus on and/or to and from the streets, highways, avenues and alleyways within said Borough. Said Towing Zones shall be subject to all other provisions hereof except § 15-804, Subsection 1.
3.
All Towing Zones shall be clearly designated by appropriate signs.
[Ord. 416, 4/22/1991]
The 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.
[Ord. 416, 4/22/1991]
No garage, other than a garage operated by the Borough or by
any public agency, shall be designated as an Official Towing Station
unless the owner, lessee or operator has entered security with the
Department in the amount of $10,000 for the faithful performance and
discharge of its duties as an Official Towing Station, as bailee of
impounded vehicles, and to indemnify owners of vehicles against loss,
injury or damage to such vehicles while in the custody of the Official
Towing Station.
[Ord. 416, 4/22/1991]
1.
Whenever any vehicle is found parked in a Towing Zone, it shall be
removed by or under the direction of a member of the Department, by
means of towing or otherwise, to the nearest Official Towing Station.
2.
Within 12 hours from the time of such removal notice thereof shall
be sent by the Department to the owner of record of such vehicle,
indicating the place to which such vehicle has been removed, and the
reason for its removal and impounding.
[Ord. 416, 4/22/1991]
1.
No person shall be permitted to remove from any Official Towing Station
any vehicle impounded under the provisions of this Part unless such
person:
A.
Furnishes satisfactory evidence of his identify and ownership of
the vehicle, or agency on behalf of the owner;
B.
Pays the sum of $20 to cover the cost of towing or removing a vehicle
towed or removed between the hours of 8:00 a.m. and midnight, or pays
the sum of $30 to cover the costs of towing or removing a vehicle
towed or removed between the hours of 12:00 midnight and 8:00 a.m.
C.
Pays for the storage of the vehicle at the rate of $5 for the first
twenty-four-hour period or fraction thereof and $3 for each succeeding
twenty-four-hour period or fraction thereof. Such storage charges
shall be retained by the Official Towing Station for storage of the
impounded vehicle.
2.
Unless the payment is made "under protest" it shall be final and
conclusive and shall constitute a waiver of any right to recover money
so paid. If the payment is made "under protest" the owner shall be
entitled to a hearing before a district justice or court of record
having jurisdiction, in which case the owner shall be proceeded against
and receive such notice as is provided by the Vehicle Code of the
Commonwealth of Pennsylvania in other cases of summary offenses, and
such owner shall have the same rights to appeal and waiver of a hearing.
3.
When any impounded vehicle is returned to its owner, or any person
on behalf of the owner, such person shall sign a receipt for the vehicle.
[Ord. 416, 4/22/1991]
1.
The Department shall keep a record of the following:
A.
The names of all owners of vehicles impounded;
B.
The names of all persons claiming such vehicles;
C.
Nature and circumstances of the impounding of the vehicle;
D.
The license numbers and such information as may identify the vehicle;
E.
The violation of the law or ordinance on account of which the vehicle
was impounded;
F.
The final disposition of each case.
[Ord. 416, 4/22/1991]
Nothing in this Part is intended to prohibit the Department
from instituting legal proceedings charging the owner or driver of
any vehicle with the violation of any other law or ordinance.
[Ord. 416, 4/22/1991]
No vehicle shall be removed under the authority of this Part
if, at the time of such intended removal, the owner or person for
the time being in charge of such vehicle is present and expresses
a willingness and intention to immediately remove said vehicle.
