[Amended 11-7-1994 by Ord. No. 1060, approved 11-7-1994]
This article is enacted under authority of § 6109(a)(22)
of the Vehicle Code[1] and gives authority to the Borough to remove and impound:
D.
Vehicles not parked parallel to and not parked within one foot of
the curb on any street in the Borough during any period of snowfall.
[1]
Editor's Note: See 75 Pa.C.S.A. § 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 § 252-36 of this article, provided that no such vehicle shall be removed or impounded except in strict adherence to the provisions of this article.
[Added 11-7-1994 by Ord.
No. 1061, approved 11-7-1994]
A.
The Borough shall have authority to remove and impound, or to order the removal and impounding, of any vehicle parked on a snow emergency route during a snow emergency declared pursuant to § 252-32, provided that the circumstances of its parking were within the conditions stated in § 252-36 of this article, provided that no such vehicle shall be removed or impounded except in strict adherence to the provisions of this article.
B.
The Borough shall have authority to remove and impound, or to order the removal and impounding, of any vehicle not parked parallel to and within one foot of the curb on any street in the Borough during any period of snowfall, provided that the circumstances of its parking were within the conditions stated in § 252-36 of this article, provided that no such vehicle shall be removed or impounded except in strict adherence to the provisions of this article.
C.
Any vehicle removed and impounded during a snow emergency under this
section shall be removed to and impounded on Borough property.
D.
The owner of any vehicle removed and impounded under this section
shall be fined $25, assessed a storage fee of $2 per day, and forced
to pay for the costs of prosecution and towing.
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 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 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 12 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 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 charge 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.
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.
