The Police Commissioner of the Township is hereby
authorized to remove and impound or to order the removal and impounding
of any vehicle parked on any of the roads, streets, highways or alleys
within the Township in violation of any of the provisions of the law
or any ordinances of the Township, or in violation of any parking
regulation adopted by resolution of the Board of Township Commissioners
pursuant to the authority granted in this chapter, provided that no
vehicle shall be removed or impounded except in strict adherence to
the provision of this article.
The Board of Commissioners may from time to
time, by resolution, designate an approval of a storage garage as
a pound for the storage of such impounded vehicles.
Every such approved storage garage shall post
a bond in the amount as set by resolution, to be filed with the Township
Secretary, for the indemnifying of the owner of any such impounded
vehicle against the bond thereof, or injury or damage thereto, while
in the custody of said poundkeeper.
Within 12 hours from the time of removal of
any vehicle under the authority granted by this article, notice of
the fact that such vehicle has been impounded shall be sent by the
Chief of Police, then by the Police Commissioner of the Township,
to the owner of removal of such vehicle. Such notice shall designate
the place from which said vehicle is 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
set by this article, unless such payment shall have been made under
protest, shall 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 so imposed shall be paid under protest, the offender shall
be entitled to a hearing before a District Justice having jurisdiction,
in which case such defendant shall be proceeded against and shall
receive such notice as is provided by the Vehicle Code in other cases
of summary offenses, and he shall have the same rights as to appeal
and waiver of hearing.
The Chief of Police or, if there is no Chief
of Police, then the Police Commissioner, of the Township shall keep
a record of all vehicles impounded and shall be able at all times
to furnish the owners or agents of the owners thereof with such 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
of any Article of this chapter on account of which said 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.