[Ord. 2009-8, 12/7/2009]
This Part is enacted under authority of § 6109(a)(22)
of the Vehicle Code, 75 Pa.C.S.A. § 6109(a)(22), and gives
authority to the Borough 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 such a manner as to interfere
with traffic or pose a hazard to others may be towed under the provisions
of the Pennsylvania Vehicle Code.
[Ord. 2009-8, 12/7/2009]
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 §
15-801. Provided, no such vehicle shall be removed or impounded except in strict adherence to the provisions of this Part or the provisions of the Vehicle Code.
[Ord. 2009-8, 12/7/2009]
The following designated streets and/or parking lots are hereby
established as tow-away zones. Signs shall be posted to place the
public on notice that their vehicles may be towed for violation of
Borough parking regulations:
Street
|
Side
|
Between
|
Parking Lot
|
---|
(Reserved)
|
[Ord. 2009-8, 12/7/2009]
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 the Borough. Every such garage shall submit evidence
to the Borough that it is bonded or has acquired liability insurance
in an amount satisfactory to the Borough as sufficient to indemnify
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 Borough
its schedule of charges for towing and storage of vehicles under this
Part and, when the schedule is approved by the Borough, those 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 Part by any approved storage
garage. The Borough 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. 2009-8, 12/7/2009]
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. 2009-8, 12/7/2009]
In order to reclaim his vehicle, the owner shall pay towing
and storage costs plus a $50 fee, of which $25 shall be transferred
to the Pennsylvania Department of Transportation by the garage to
which the vehicle was taken.
[Ord. 2009-8, 12/7/2009]
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 information as to the place of storage of the vehicle.
[Ord. 2009-8, 12/7/2009]
No vehicle shall be removed under the authority of this Part
or the Vehicle Code 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. 2009-8, 12/7/2009]
Any person who shall violate any provision of this Part, upon
conviction thereof, shall be sentenced to pay a fine of $50 together
with all costs of disposing of the vehicle under the provisions of
the Vehicle Code, 75 P.S. § 7301 et seq.
[Ord. 2009-8, 12/7/2009]
If after a period of 15 days the vehicle in storage remains
unclaimed, a report shall be filed with PennDOT in accordance with
§ 7311 of the Vehicle Code, 75 Pa.C.S.A. § 7311
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 then be responsible for filing the proper
reports and disposing of the vehicle in accordance with the provisions
of Chapter 73 of the Vehicle Code (75 Pa.C.S.A. § 7301 et
seq.).
[Ord. 2009-8, 12/7/2009; as added by Ord. 2010-3, 5/3/2010,
§§ 1 — 4]
1. Illegally Parked Vehicles. Any vehicle in violation of the Borough
of Forty Fort's parking ordinances, regulations and rules and/or Pennsylvania's
Vehicle Code shall be considered an illegally parked vehicle pursuant
to this section.
2. Compilation of Three Strikes. Utilizing the database or spreadsheet
used to track parking violations the Police Department (with the assistance
of the administrative employees) shall document each violation. A
strike is compiled upon the payment of a fine/citation or a conviction
in a court of competent jurisdiction. As soon as the immediate accrual
of a third strike or violation, or thereafter, the Police Department
shall have the vehicle towed.
3. Length of Time for the Accrual for Strikes. A strike, regardless
of how obtained, will remain on record of the Three Strikes and You're
Towed List for two years. Each strike will be documented with a date
and after two years, a strike will be dropped from the accrual. Additionally,
after a vehicle has been towed and the owner has paid their fines
to the Borough of Forty Fort, the oldest strike will be immediately
removed from their record to reset the number to two.
4. Penalties. The vehicle owner must pay their citations and/or fines
prior to recovering their vehicle from the tow operator's facility.
Once the citations and/or fines are paid the owner will be given a
receipt or like document to show to the operator prior to recovery
of their vehicle. The owner must pay all tow costs and other related
expenses pursuant to this Part of the Borough of Forty Fort Code of
Ordinance prior to recovering their vehicle.