Township of West Whiteland, PA
Chester County
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Table of Contents
Table of Contents
[Adopted 10-7-1985 by Ord. No. 113 (Ch. 15, Part 6, of the 1983 Code of Ordinances)]
This article is enacted under the authority of Section 6109(a)(22) of the Vehicle Code,[1] and gives authority to the Township to remove and impound those vehicles which have been abandoned or are not legally entitled to operate or park on the streets and highways of the commonwealth under authority of the Vehicle Code.
[1]
Editor's Note: See 75 Pa.C.S.A. § 6901(a)(22).
A. 
A vehicle (other than a pedalcycle) shall be presumed to be abandoned under any of the following circumstances, but the presumption is rebuttable by a preponderance of the evidence:
(1) 
The vehicle is physically inoperable and is left unattended on a highway or other public property for more than 48 hours;
(2) 
The vehicle has remained illegally on a highway or other public property for a period of more than four hours;
(3) 
The vehicle is left unattended on or along a highway or other public property for more than 48 hours and does not bear all of the following:
(a) 
A valid registration plate.
(b) 
A certificate of inspection.
(c) 
An ascertainable vehicle identification number.
(4) 
The vehicle has remained on private property without the consent of the owner or person in control of the property for more than 48 hours.
B. 
Vehicles and equipment used or to be used in construction or in the operation or maintenance of highways or public utility facilities, which are left in a manner which does not interfere with the normal movement of traffic, shall not be considered to be abandoned.
A. 
Whenever any police officer finds a vehicle in violation of any of the provisions of Section 3351 of the Vehicle Code (relating to stopping, standing or parking outside business and residence districts),[1] the officer may move the vehicle, or cause the vehicle to be moved, or require the driver or other person in charge of the vehicle to move the vehicle, to a position off the roadway where the vehicle will not interfere unduly with the normal movement of traffic or constitute a safety hazard.
[1]
Editor's Note: See 75 Pa.C.S.A. § 3351.
B. 
Unattended vehicle obstructing traffic. Any police officer may remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge, causeway or in any tunnel, in such position or under any circumstances as to interfere unduly with the normal movement of traffic or constitute a safety hazard.
C. 
Removal to garage or place of safety. Any police officer may remove or cause to be removed to the place of business of the operator of a wrecker or to a nearby garage or other place of safety any vehicle found upon a highway under any of the following circumstances:
(1) 
Report has been made that the vehicle has been stolen or taken without the consent of its owner.
(2) 
The person or persons in charge of the vehicle are physically unable to provide for the custody or removal of the vehicle.
(3) 
The person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before an issuing authority without unnecessary delay.
(4) 
The vehicle is in violation of Section 3353 of the Vehicle Code (relating to prohibitions in specified places) except for overtime parking.[2]
[2]
Editor's Note: See 75 Pa.C.S.A. § 3353.
(5) 
The vehicle has been abandoned as defined herein. The officer shall comply with the provisions of Subsection D below and Chapter 73 (relating to abandoned vehicles and cargos) of the Vehicle Code.
D. 
Notice to owner prior to removal.
(1) 
Prior to removal of an abandoned vehicle bearing a registration plate, certificate of inspection or vehicle identification number plate by which the last registered owner of the vehicle can be determined, the Police Department shall send a notice by certified mail to the last registered owner of the vehicle informing the owner that unless the vehicle is moved to suitable location within seven days of the date notice is mailed, the vehicle will be removed under this section and held at a suitable facility where it may be reclaimed by the owner in accordance with the provisions of Section 7306 of the Vehicle Code (relating to payment of costs upon reclaiming vehicle).[3] If the abandoned motor vehicle does not bear an identifiable registration plate, certificate of inspection or vehicle identification number plate, the notice may be secured to the vehicle.
[3]
Editor's Note: See 75 Pa.C.S.A. § 7306.
(2) 
If, within the seven-day period, the owner so requests, the owner shall be given an opportunity to explain to the police officer or Department why the owner believes the vehicle should not be removed. If the police officer or Department determines that the vehicle shall, nonetheless, be removed, the owner shall be given an additional 48 hours to remove the vehicle, have it removed or demand a hearing, which shall conform to the requirements of the Local Agency Law, 2 Pa.C.S.A. Ch. 5, Subchapter B (relating to practice and procedure of local agencies).[4] The police officer or Department shall inform the owner of the right to a hearing by delivering to the owner a notice warning the owner that, unless the vehicle is removed or a hearing is demanded, the owner shall be subject to the provisions of Section 7306.[5] If, as a result of the hearing, it is determined that the vehicle will be removed, the owner shall be given an additional 48 hours to remove the vehicle or have it removed. The hearing shall be before a civilian officer or employee of the municipality in which the vehicle is located.
[4]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
[5]
Editor's Note: See 75 Pa.C.S.A. § 7306.
(3) 
The provision for notice set forth in this subsection is applicable only if the vehicle is abandoned upon a highway and is not in violation of Subsections A and B hereof or Sections 3351 or 3353 of the Vehicle Code.[6] Notice under this subsection is in addition to any other notice requirements provided in the Vehicle Code.
[6]
Editor's Note: See 75 Pa.C.S.A. § 3351 and 3353.
A. 
Whenever the Township Zoning Officer or his designate finds an abandoned vehicle as defined in § 300-36 hereof on private property, including private streets as that term is defined in § 325-8 of Chapter 325, Zoning, of the Code of the Township of West Whiteland, the Zoning Officer or his designee may direct or cause the removal of the vehicle including removal to a garage or other place of safety as defined in § 300-39 hereof. With respect to abandoned vehicles located on private streets, the Zoning Officer shall have the powers specified in § 300-37 hereof. For the purpose of this subsection the term "highway" found in § 300-37 hereof shall include private streets located within the Township of West Whiteland.
B. 
Where an abandoned vehicle as described in Subsection A hereof constitutes a nuisance in fact, the Zoning Officer shall have the right and power to remove or cause or direct the removal or abatement of the said nuisance, to pay for the costs thereof, and to collect such costs together with the costs of suit from the owner and/or person(s) responsible for such nuisance by means of any appropriate action at law or in equity.
C. 
Removal of an abandoned vehicle under this section shall be preceded by the procedures for notice and opportunity for hearing prescribed in § 300-37 hereof. All powers and duties of the police officer and Department prescribed in § 300-37 shall be, for the purposes of this subsection, powers and duties of the Zoning Officer.
Any police officer may remove or cause or direct the removal and impounding of vehicles under this article, which removal or impounding shall be done only by "approved storage garages" that shall be designated from time to time by the Board of Supervisors of West Whiteland Township. Every such garage shall submit evidence to the Board of Supervisors of West Whiteland Township that it is bonded or has acquired liability insurance in an amount satisfactory to the Board of Supervisors of West Whiteland Township as sufficient to indemnify owners of impounded vehicles against loss or damage of those vehicles while in the custody of the garage keeper for the purpose of towing or storage. The approved storage garage shall submit to the Board of Supervisors of West Whiteland Township its schedule of charges for towing and storage of vehicles under this article, and, when the schedule is approved by the Board of Supervisors of West Whiteland Township, those charges shall be adhered to by the approved storage garage; no different schedule of 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 Supervisors of West Whiteland Township shall delete from its list of approved storage garages any garage that makes any unapproved charge in connection with any vehicle removed or impounded under this article.
The payment of any towing and storage charges authorized by 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 driver of any vehicle from liability for any fine or penalty for the violation of the provision of this article for which the vehicle was removed or impounded.
In order to reclaim his vehicle, the owner shall pay towing and storage costs, plus a fee of $25, of which $10 shall be transferred to the Pennsylvania Department of Transportation by the garage to which the vehicle was taken.
The Township shall cause a record to be kept 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 vehicle.
No vehicle shall be removed under the authority of this article or the Vehicle Code if, at the time of 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.
[Amended 6-10-1997 by Ord. No. 257]
Any person who violates or permits the violation of any provision of this article shall be subject to a fine in the amount of at least $50, but not to exceed $600, plus all court costs, including reasonable attorney fees incurred by the Township, together with all costs of disposing of the vehicle under the provisions of the Vehicle Code, 75 Pa.C.S.A. § 7301 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania. Upon a finding of liability for committing said violation or permitting said violation, in a civil enforcement proceeding commenced by the Township, the defendant shall pay the fine, plus all court costs, including attorney fees. No judgment shall be imposed until the date of determination of a violation by a District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure.