[HISTORY: Adopted by the Borough Council of the Borough of Wilkinsburg:
Art. I, 7-31-1972 as Ch. XVII, Part 4, of the 1972 Code; Art. II, 7-12-1982
as Ord. No. 2213. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 248.
[Adopted 7-31-1972 as Ch.
XVII, Part 4, of the 1972 Code]
The Chief of Police of the Borough of Wilkinsburg is hereby authorized
to remove and impound, or to order the removal and impounding of, any vehicle
parked upon any street, alley, highway or public property in the borough in
violation of any provision of the law or of any ordinance of the borough,
provided that no vehicle shall be removed or impounded except in strict conformity
to the provisions of this Article.
The Borough Council shall have authority to designate, from time to
time, one (1) or more garages as approved storage garages, to serve as a pound
for the storage of such impounded vehicles.
Every such approved storage garage shall have authority to charge the
owner of record of every such impounded vehicle the towing and storage charges
that shall be fixed and approved by resolution of the Borough Council.
Every such approved storage garage shall furnish a bond in an adequate
amount as shall be fixed by the Borough Council, for the indemnifying of the
owner of any such impounded vehicle against the loss thereof or injury or
damage thereto, while in custody of such pound keeper.
Within twelve (12) hours from the time of removal of any vehicle under
authority granted by this Article, notice of the fact that such vehicle has
been impounded shall be sent by the Chief of Police of the borough to the
owner of record of such vehicle. Such notice shall designate the place from
which such vehicle was removed, the reason for its removal and impounding
and the pound in which it shall have been impounded.
The payment of any towing and impounding charges, authorized by this
Article shall, unless such payment shall have been made under protest, be
final and conclusive and shall constitute a waiver of any right to recover
the money so paid.
In the event that any towing and impounding charges authorized by this
Article shall be paid under protest, the offender shall be entitled to a hearing
before a District Justice or court of record having jurisdiction, in which
case the defendant shall be proceeded against and shall receive such notice
as is provided by the Vehicle Code in other cases of summary offenses and
shall have the same rights as to appeal and waiver of hearing.
The Chief of Police shall keep a record of all vehicles impounded and
shall be able at all reasonable times to furnish the owners or agents of the
owners thereof with information as to the place of storage of such vehicles.
The payment of towing and storage charges shall not operate to relieve
the owner or operator of any vehicle from liability for any fine or penalty
for the violation of any law or ordinance on account of which such vehicle
was removed and impounded.
No vehicle shall be removed under the authority of this ordinance if,
at the time of the intended removal thereof, the owner or person for the time
being in charge of such vehicle is present and expresses a willingness and
intention to remove such vehicle immediately.
[Adopted 7-12-1982 as Ord.
No. 2213]
Any vehicle having five (5) or more unpaid summonses or other process,
issued against it within an eighteen-month period, charging that such vehicle
was parked, stopped or standing in violation of the Commonwealth Vehicle Code,
or any traffic ordinance of the borough is deemed to be a public nuisance
and the Police Department or any other borough agent assigned to traffic duty
is hereby authorized to remove such vehicle or cause it to be removed at the
sole cost and expense of the habitual violator. The police or other borough
authority shall have power and is hereby authorized to remove the vehicle
by private tower for impoundment.
Whenever the Police Department has impounded a vehicle pursuant to vehicle
removal and impoundment, notice of the removal and storage place of such vehicle
shall be mailed to the last registered owner, if the name and address of such
owner can be ascertained with reasonable diligence. Such notice shall state
that if the owner fails to reclaim the vehicle within thirty (30) days from
the date of the mailing, title to such vehicle shall vest in the borough and
the vehicle shall be sold at public auction to be held not sooner than thirty
(30) days after expiration of the thirty-day period contained in the notice.
The registered owner of a vehicle having five (5) or more outstanding
summonses against it shall be presumed to be the driver at the time the summonses
were in fact issued and shall be severally responsible for the offenses and
the impoundment, except where the use of the vehicle was obtained by the operator
without the owner's consent.
Vehicles impounded pursuant to this Article shall be released to their
lawful owner or person entitled to possession upon a showing of adequate evidence
of a right to its possession and upon paying all accrued fines and costs for
each outstanding unpaid summons, or depositing of the collateral required
for his appearance in the Magistrate's Court to answer to each violation for
which there is an outstanding or otherwise unsettled traffic violation notice
or warrant and, in addition thereto, the charges for towing and storage.
Whenever any vehicle impounded pursuant to this Article remains unclaimed
by the owner or other person legally entitled to possession for thirty (30)
days, such vehicle may be sold in accordance with the Commonwealth Vehicle
Code.
