This article is enacted under the authority
of Section 6109(a)(22) of the Vehicle Code, 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.
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.