This article is enacted under authority of Section
6109(a-22) of the Vehicle Code[1] and gives authority to the borough to remove and impound vehicles that are parked overtime on any street in the Township, in violation of any provision of Article III of this chapter, and vehicles parked in metered and unmetered parking lots, operated by the Township, in violation of any ordinance provision governing those lots.
[1]
Editor's Note: See 75 Pa.C.S.A. § 6109(a)(22).
The police officers of the Township shall have authority to remove and impound or to order the removal and impounding of any vehicle parked overtime or otherwise illegally, provided that the circumstances of that parking are within the authority of this article, as stated in § 187-26. No such vehicle shall be removed or impounded except in strict adherence to all provisions of this article.
[Amended 4-7-2010 by Ord. No. 600]
Removal and impounding of vehicles under this article shall
be done only by approved storage garages that shall be 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 garage keeper for the purpose of towing or storage. No different
schedule of charges, which shall be set from time to time by resolution
of the Board of Commissioners, 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 shall make any unapproved charge in connection with any vehicle
removed or impounded under this article.
Within 12 hours after 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 Chief of Police
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 was impounded.
The payment of any towing and storage charges
authorized under 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 District Justice. Payment of towing and storage
charges shall not relieve the owner or operator of any vehicle from
liability for any fine or penalty for the violation of the provision
of this chapter on account of which the vehicle was removed and impounded.
The Chief of Police shall keep a record 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 vehicles.
No vehicle shall be removed under the authority
of this article 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.
