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Township of Lower Frederick, PA
Montgomery County
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Table of Contents
Table of Contents
[Added 10-3-2006 by Ord. No. 06-13]
Subject to § 158-41, the following shall apply:
A. 
If a person operates a motor vehicle or combination on a roadway in Lower Frederick Township while the person's operating privilege is suspended, revoked, canceled, recalled or disqualified or where the person is unlicensed, as verified by an appropriate law enforcement officer, the law enforcement officer shall immobilize the vehicle or combination or, in the interest of public safety, direct that the vehicle be towed and stored by the appropriate towing and storage agent pursuant to § 158-40, and the appropriate judicial authority shall be so notified.
B. 
If a motor vehicle or combination for which there is no valid registration or for which the registration is suspended, as verified by an appropriate law enforcement officer, is operated on a highway or trafficway of this commonwealth, the law enforcement officer shall immobilize the motor vehicle or combination or, in the interest of public safety, direct that the vehicle be towed and stored by the appropriate towing and storing agent pursuant to § 158-40, and the appropriate judicial authority shall be so notified.
C. 
If a motor vehicle or combination remains parked or driverless after the driver of the vehicle has been arrested the law enforcement officer shall immobilize the motor vehicle or combination or, in the interest of public safety, direct that the vehicle be towed and stored by the appropriate towing and storing agent pursuant to § 158-40, and the appropriate judicial authority shall be so notified.
A. 
When a vehicle is immobilized pursuant to § 158-38A, B or C, the operator of the vehicle may appear before the appropriate judicial authority within 24 hours from the time the vehicle was immobilized. The appropriate judicial authority may issue a certificate of release upon:
(1) 
The furnishing of proof of registration and financial responsibility by the owner of the vehicle; and
(2) 
Receipt of evidence that the operator of the vehicle has complied with the pertinent provisions of Title 42 (relating to judiciary and judicial procedure) and this chapter.
B. 
If a certification of release is not obtained within 24 hours from the time the vehicle was immobilized, the vehicle shall be towed and stored by the appropriate towing and storage agent under § 158-40.
A. 
The officer shall notify the appropriate towing and storage agent to tow and store the vehicle or combination.
B. 
Notice shall be provided to the owner and lienholder pursuant to § 158-29.
A. 
The owner or lienholder of any vehicle or combination which has been towed and stored under this article may obtain possession of the vehicle or combination by:
(1) 
Furnishing proof of valid registration and financial responsibility; and
(2) 
Paying fines and costs as follows:
(a) 
If the towing and storage resulted from the operation of the vehicle or combination by the owner, paying all fines and costs associated with the towing and storage of the vehicle or combination and any other than outstanding fines and costs of the owner or making arrangements with the appropriate judicial authority to make payments of all other outstanding fines and costs immediately or, in the discretion of the appropriate judicial authority, by installments as provided by the Pennsylvania Rules of Criminal Procedures; or
(b) 
If the towing and storage resulted from the operation of the vehicle or combination by a party other than the owner, paying all costs associated with the towing and storage of the vehicle or combination and fines associated with citations issued by the law enforcement officer related to the towing and storage and any other outstanding fines and costs of the owner or making arrangements with the appropriate judicial authority to make payments of all such fines and costs or, in the discretion of the appropriate judicial authority. by installments as provided by the Pennsylvania Rules of Criminal Procedure.
B. 
To reclaim a motor vehicle so towed and impounded, the owner of the vehicle must pay to the person, firm or corporation which towed and impounded the motor vehicle the costs of towing and storage.
(1) 
The appropriate judicial authority shall not issue an order for the release of any vehicle towed and stored pursuant to this article until provisions are made for payment of all fines and penalties associated with violations of any state or local parking regulation or ordinance or applicable section of this chapter.
C. 
Any vehicle not recovered under this section may be sold as an unclaimed vehicle, combination or load. The proceeds of the sale shall be applied to the payment of the fines and costs associated with the towing and storage of the vehicle.
As used in this article, the following words and phrases shall have the meanings given to them in this section:
APPROPRIATE JUDICIAL AUTHORITY
The magisterial district judge in whose district the violation occurred.
APPROPRIATE TOWING AND STORAGE AGENT
A towing and storage agent pursuant to the Lower Frederick Township Code § 158-27.
COSTS
The term shall include reasonable fees.