This article is enacted under the authority
of Section 6109(a)(22) of the Pennsylvania Vehicle Code[1] and gives authority to the Township to remove and impound
vehicles that are parked on any street in the Township in violation
of any provision of this chapter.
[1]
Editor's Note: See 75 Pa.C.S.A § 6109(a)(22).
The municipality type shall have authority to
remove and impound or to order the removal and impounding of any vehicle
parked illegally, provided that the circumstances of its parking are
within the conditions stated in this article and provided that no
such vehicle shall be removed or impounded except in strict adherence
to the provisions of this article.
Removal and impounding of vehicles under this
article shall be done only by those companies which are currently
on the Township Police Department towing list and the designated salver
for the Township or designated from time to time by the Board of Commissioners.
Every such garage shall submit evidence to the Board of Commissioners
that it is bonded or has acquired liability insurance in an amount
satisfactory to the Board of Commissioners as sufficient to indemnify
owners of impounded vehicles against loss or damage to those vehicles
while in the custody of the garagekeeper for the purpose of towing
or storage. The approved storage garage shall submit to the Board
of Commissioners its schedule of charges for towing and storage of
vehicles under this article and, when the schedule is approved by
the Board of Commissioners, those charges shall be adhered to by the
approved storage garage. No different schedule of charges shall be
adopted without approval of the Board of Commissioners, 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 Board of Commissioners 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 48 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 Township 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 is impounded. Notification,
at minimum, shall be by regular mail to the last known address listed
for the owner. If the vehicle meets the criteria of being abandoned,
the procedure listed in the Vehicle Code[1] shall be followed.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101
et seq.
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
charges is made under protest, the offender shall be entitled to a
hearing before a Magisterial District Judge. 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 municipality type 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. The towed/abandoned vehicle inventory ticket for the
vehicle shall be considered a record for this section.
No vehicle shall be removed under the authority
of this article if, at the time of the intended removal, the owner
or the person who has legitimate control of the vehicle is present
and expresses a willingness and intention to remove the vehicle immediately.
