[Ord. 1031, 5/2/2017[1]]
This Part is enacted under authority of § 6109(a-22)
of the Vehicle Code, 75 Pa.C.S.A. § 101 et seq., and gives
authority to the Township of Ferguson to immobilize, remove and impound
those vehicles which are disabled, abandoned, or illegally parked
on any of the highways, public rights-of-way or public property in
the Township of Ferguson, in violation of any provision of the law
or of any ordinance of the Township. Any vehicle which has been immobilized
for more than 72 hours may be removed under the provisions of this
Part. 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. Any vehicle removed shall be impounded
in a storage facility, as defined herein, or on property controlled
by the Township or another governmental agency and designated for
vehicle impoundment.
[1]
Editor's Note: This ordinance also provided for the repeal
of former Part 5, Immobilization, Removal and Impoundment, adopted
1/10/1989 by Ord. No. 374, as amended.
[Ord. 1031, 5/2/2017]
The Township Manager, Public Works Director, Township Engineer
or any officer of the Ferguson Township Police Department shall have
authority to decide whether to have a vehicle removed under this Part,
provided that no such vehicle shall be removed or impounded except
in strict adherence to the provisions of this Part, or the provisions
of the Pennsylvania Vehicle Code or other applicable state law.
[Ord. 1031, 5/2/2017]
1.
Removal and impounding of vehicles under this chapter shall be done
only by approved towing companies and storage facilities that shall
be designated from time to time by the Board of Supervisors. Every
such towing company/storage facility shall submit evidence to the
Board of Supervisors that it is bonded or has acquired liability insurance
in an amount satisfactory to Board of Supervisors as sufficient to
indemnify owners of towed and/or impounded vehicles against loss or
damage to those vehicles while in the custody of the towing company/storage
facility. The approved towing company/storage facility shall submit
its schedule of charges for towing and storage of vehicles under this
chapter; and when the schedule is approved by the Board of Supervisors,
those charges shall be adhered to by the approved towing company/storage
facility; 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 towing company/storage facility. The
Board of Supervisors shall delete from its list of approved storage
facilities any facility that makes any unapproved charge in connection
with any vehicle removed or impounded under this chapter.
2.
The Board of Supervisors shall from time to time set minimum requirements
for approval of towing companies and storage facilities, including,
but not limited to, required vehicles and equipment, storage facility
security and space requirements, and vehicle release requirements.
All towing companies must provide 24/7/365 service and utilize tow
trucks clearly marked with the company's name and phone number on
each side of the vehicle. All storage facilities must be located within
five miles of the Ferguson Township Municipal Building and provide
emergency access as determined by police to any impounded vehicle.
All towing companies must provide response time to towing calls from
police within 20 minutes unless exigent circumstances. The Board of
Supervisors may elect to adopt the minimum standards, requirements
and fee schedules of other Centre Region municipalities in order to
facilitate public information and standard business practices for
involved companies.
[Ord. 1031, 5/2/2017]
1.
The owner of any vehicle removed or impounded under this Part shall
be required to pay all immobilization, towing and storage fees incurred
by the Township for the immobilization, removal and impoundment.
2.
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 chapter for which the vehicle
was removed or impounded.
[Ord. 1031, 5/2/2017]
In order to reclaim an abandoned vehicle, the owner shall pay
towing and storage costs plus a fee of $50, of which $25 shall be
transferred to the Pennsylvania Department of Transportation by the
storage facility to which the vehicle was taken.
[Ord. 1031, 5/2/2017]
The Township of Ferguson 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. 1031, 5/2/2017]
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
and has paid all outstanding parking violation assessments.
[Ord. 1031, 5/2/2017]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, 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., as hereafter amended,
supplemented, modified or reenacted by the General Assembly of Pennsylvania.
[Ord. 1031, 5/2/2017]
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, 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 Pennsylvania
Motor Vehicle Code (75 Pa.C.S.A. § 101 et seq., as amended).
[Ord. 1031, 5/2/2017]
A motor vehicle found parked within the Township upon any public
ground, at any time, may, by or under the direction of any police
officer of the Ferguson Township Police Department, be booted if there
are two or more unpaid parking violations pending against the vehicle
for more than seven days from the date of issuance, or two citations
for parking violations, or one warrant for a parking violation.
[Ord. 1031, 5/2/2017]
Upon booting any motor vehicle, the officer shall place or cause
to be placed on the vehicle, in a conspicuous manner, notice sufficient
to warn any individual that the vehicle has been immobilized and that
any attempt to move the vehicle might result in damage to the vehicle.
The notice shall outline the procedure for removal of the boot. As
soon as practicable, the officer shall provide the owner of the booted
vehicle, at their request, with a list of the unpaid parking violations
for which, or on account of which, the vehicle was booted.
[Ord. 1031, 5/2/2017]
1.
The owner of a booted vehicle, or other authorized person, shall
be permitted to secure release of the vehicle upon:
[Ord. 1031, 5/2/2017]
The owner of a booted vehicle, or other authorized person, shall
have the right to a post-immobilization hearing, limited to the determination
of the validity of the booting. Such hearing must be requested within
10 days after the vehicle is booted and shall be conducted by a ranking
member of the Department. The appeal will be solely to determine whether
or not the vehicle was booted properly in accordance with the provisions
of this Part. A finding in favor of the violator will result in a
refund of the booting fee. Any appeal of the merits of any violation,
citation and/or summons will be entirely within the purview of the
District Judge.
[Ord. 1031, 5/2/2017]
The owner of the booted vehicle shall be subject to a fee in
an amount as established from time to time by resolution of the Board
of Supervisors for such immobilization.
[Ord. 1031, 5/2/2017]
Any person who shall tamper with, remove or attempt to remove
any device used to immobilize a motor vehicle that has been booted
pursuant to this Part, or who shall move, or attempt to move, the
booted vehicle before the release of the vehicle has been officially
secured, upon conviction thereof in a proceeding commenced before
a District Judge pursuant to the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to a fine of not less than $100 nor more than $1,000,
plus costs, and, in default of payment of said fine and costs, to
a term of imprisonment not to exceed 90 days; provided that the fact
that a violator has been penalized, after hearing, as herein provided,
shall not preclude the Township or other injured party from taking
proper legal action to recover damages resulting from such violation.
[Ord. 1031, 5/2/2017]
Nothing in this chapter shall be construed to deprive any person
of their constitutional right to a hearing or trial as to the violations
for which parking violations, notices, citations and/or summons have
been issued.
