Any vehicle found parked overtime on any street in the Township or parked on public property in violation of any provision of this chapter may be removed and impounded under the provisions of this article. The decision as to whether to remove any such vehicle shall be made by either the Township Manager or any regular member of the Police Department providing services to the Township. Removal of any such vehicle may be done either by employees of the Township or by the owner of any approved pound as defined in § 190-32 of this chapter. Any vehicle found abandoned or otherwise illegally parked on streets in the Township shall be removed as provided by the Vehicle Code.
A.
A "pound" is hereby defined as a storage area for
vehicles either enclosed within a building or enclosed by a fence
designed so as to prevent normal access by locking.
B.
An approved pound shall be designated by resolution
of the Township Council.[1] Prior to such approval, the owner thereof shall provide
a bond, with sufficient surety, in the amount of $10,000 and shall
carry liability insurance in minimum amounts of $100,000/$300,000
to indemnify the owner of any impounded vehicle against loss thereof
or injury or damage thereto while in the custody of such approved
poundkeeper.
[1]
Editor's Note: By Res. No. R-14-04, adopted 1-6-2014, the
Township Council designated Stewart’s Towing as a pound facility
for all towed vehicles found abandoned or illegally parked. This resolution
also designated Walk’s Service Center and John Tennis Towing,
Inc., as alternate pound facilities.
The towing and storage charges for vehicles
removed and impounded under the provisions of this article shall be
set by resolution of the Township Council.[1]
Within 12 hours from the time of removal of
any vehicle under authority granted by this article, notice of the
fact of such removal and impounding shall be sent by the Police Department
providing services for the Township to the owner of record of such
vehicle, designating the place from which such vehicle was removed,
the reason for its removal and impounding and the location of the
pound in which it shall have been impounded.
A.
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.
B.
In the event that any towing and impounding charges
so imposed shall be paid under protest, the offender shall be entitled
to a hearing before a Justice or court of record having jurisdiction,
in which case such defendant shall be proceeded against and shall
receive such notice as is provided in 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 and the Township shall keep
a record of all vehicles impounded and shall be able at all reasonable
times to furnish the owners or the agents of the owners thereof with
information as to the place of storage of such vehicles.
The payment of towing and storage charges authorized
by this article shall not operate to relieve the owner or operator
of any vehicle from liability for any fine or penalty for 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 article 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.
