[Adopted 5-11-1995 by Ord. No. 1995-5]
This article is enacted pursuant to the authority
contained in § 6109(a)(22) of the Pennsylvania Motor Vehicle
Code [75 Pa.C.S.A. § 6109(a)(22)] and authorizes Washington
Township, hereinafter referred to as the "Township," by and through
its authorized agents, to remove and impound those vehicles that are
parked in a tow-away zone or are parked in violation of any ordinances
enacted by the Board of Supervisors of Washington Township. Vehicles
which have been abandoned, as defined by the Pennsylvania Motor Vehicle
Code, which are disabled or which are parked in a manner so as to
interfere with traffic or pose a hazard to others may be towed under
the provisions of the Pennsylvania Motor Vehicle Code.
The Township, by and through its authorized agents, shall have authority to remove and impound or to order the removal and impounding of any vehicle parked illegally, provided that the circumstances of its parking were within the conditions stated in § 125-26 of this article.
The Board of Supervisors may designate, by resolution,
certain streets and/or parking lots or parking areas within the Township
as tow-away zones. Signs shall be posted to place the public on notice
that the vehicles may be towed for violation of the Township parking
regulations if such vehicles are parked in the tow-away zones.
Removal and impounding of vehicles shall be
done only by approved storage garages that shall be designated from
time to time by resolution of the Board of Supervisors.[1] Every such storage garage shall have a bond or liability
insurance sufficient to indemnify owners of impounded vehicles against
loss or damage to those vehicles in their custody in an amount satisfactory
to the Board of Supervisors. The approved storage garage shall submit
to the Board of Supervisors its schedule of charges for towing and
storage of vehicles, and, when the schedule is approved by the Board
of Supervisors, those charges shall be followed and no different schedule
of changes shall be demanded of or collected from any person whose
vehicle is removed or impounded by any approved storage garage for
violation of any Township ordinance. The Board of Supervisors shall
delete from its list of approved storage garages any garage that makes
any unapproved charge in connection with any vehicle removed or impounded
for violation of any Township ordinance.
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 any Township ordinance for
which the vehicle was removed or impounded.
In order to reclaim a vehicle, the owner shall
pay to the approved storage garage all outstanding towing and storage
costs, plus a reclamation fee of $25, of which $10 shall be remitted
by the approved storage garage to the Pennsylvania Department of Transportation.
The Township shall maintain a record of all
vehicles impounded for violation of Township ordinances 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.
No vehicle shall be removed if, at the time
of the intended removal, the owner or person for the time being in
charge of the vehicle is present and expresses a willingness and intention
to remove the vehicle immediately.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not less than $10 nor more than $100, together with all costs
of disposing of the vehicle under the applicable provisions of the
Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 7301 et
seq., as amended. The amount of the penalty may be changed from time
to time by resolution of the Board of Supervisors.
In the event that a vehicle in storage remains unclaimed after a period of 15 days, the approved storage garage shall file a report with the Pennsylvania Department of Transportation in accordance with § 7311 of the Pennsylvania Motor Vehicle Code, as amended. If the vehicle has not been claimed after 30 days, the approved storage garage may transfer the vehicle 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, as amended.
