[Ord. 829, 11/15/2001]
Under authority of § 6109(a)(22) of the Pennsylvania
Vehicle Code, 75 Pa.C.S.A. § 6109(a)(22), the Borough of
Elizabethtown has authority to remove and impound those vehicles which
are parked in a tow away zone and in violation of parking regulations
of this chapter. Vehicles which have been abandoned, as defined by
the Vehicle Code, or which are parked in a manner as to interfere
with traffic or pose a hazard to others, may also be towed under the
provisions of the Pennsylvania Vehicle Code.
[Ord. 829, 11/15/2001]
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 § 807 herein. No such
vehicle shall be removed or impounded except in strict adherence to
the provisions of this Part or, where applicable, the Pennsylvania
Vehicle Code.
[Ord. 829, 11/15/2001]
The Borough streets, portions of streets or parking lots that
are designated as tow away zones shall be properly posted with signs
to place the public on notice that their vehicles may be towed for
violation of the Borough parking regulations.
[Ord. 829, 11/15/2001]
Removal and impounding of vehicles under this Part shall be
done only by "approved storage garages" that shall be designated from
time to time by Borough Council. Every such garage shall submit evidence
to Borough Council that it is bonded or has acquired liability insurance
in an amount satisfactory to Borough Council as sufficient to indemnify
owners of impounded vehicles against loss or damage to those vehicles
while in custody of the garage keeper for the purpose of towing or
storage. The approved storage garage shall submit to Borough Council
its schedule of charges for towing and storage of vehicles under this
Part, and, when the schedule is approved by Borough Council, those
charges shall be adhered to by the approved storage garage; no different
schedule of charges shall be adhered to by the approved storage garage;
no different schedule of charges shall be demanded of or collected
from any person whose vehicle is removed or impounded under this chapter
by any approved storage garage. 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
Part.
[Ord. 829, 11/15/2001]
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 Part for which
the vehicle was removed or impounded.
[Ord. 829, 11/15/2001]
In order to reclaim a vehicle, the owner shall pay towing and
storage costs, plus a fee in the amount as established from time to
time by resolution of Borough Council of which $10 shall be transferred
to the Pennsylvania Department of Transportation by the garage to
which the vehicle was taken.
[Ord. 829, 11/15/2001]
The Borough shall cause a record to be kept of all vehicles
impounded under this Part and shall be able at all reasonable times
to furnish the owners or the agents of the owners of those vehicles
with the information as to the place of storage of the vehicle.
[Ord. 829, 11/15/2001]
No vehicle shall be removed under the authority of this Part
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.
[Ord. 829, 11/15/2001]
If after a period of 15 days the vehicle in storage remains
unclaimed, a report shall be filed with Pennsylvania Department of
Transportation in accordance with § 7311 of the Vehicle
Code, by the person having legal custody of the vehicle. If the vehicle
has not been claimed after 30 days, the vehicle may be transferred
to a licensed salvor who will be then be responsible for filing the
proper reports and disposing of the vehicle in accordance with the
provisions of Chapter 73 of the Pennsylvania Motor Vehicle Code (75
Pa. C.S.A. § 101 et seq., as amended).
[Ord. 829, 11/15/2001]
Any person or persons or business entity who shall violate any
provision of this Part shall, upon conviction thereof, be sentenced
to pay a fine of not less than $25 and no more than $300 together
with all costs of disposing of the vehicle under provisions of the
Vehicle Code, as may be hereafter amended, supplemented, modified
or reenacted by the General Assembly of Pennsylvania.
