This article is enacted under authority of Section
6109(a)(22) of the Vehicle Code, and gives the Township the authority to remove and impound vehicles which are parked in violation of any provision of Article
I or Article
IV of this chapter.
The Township shall have authority to remove and impound, or order the removal and impounding, of any vehicle parked illegally, provided that the circumstances of its parking were within the conditions stated in §
204-18 of this article. Provided: no such vehicle shall be removed or impounded except in strict adherence to the provisions of this article.
Removal and impounding of vehicles under this
article shall only be done by approved storage garages that shall
be designated from time to time by the Board of Supervisors. Every
such garage shall submit evidence to the Board that it is bonded 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. The approved storage garage shall submit to
the Board its schedule of charges for towing and storage of vehicles
under this article, and, when the schedule is approved by the Board,
those charges shall be adhered to by the approved storage garage;
no different schedule of charges shall be adopted without approval
of the Board, and no different charges shall be demanded or collected
from any person whose vehicle is removed or impounded under this article
by any approved storage garage. The Board 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.
Within 12 hours from 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 Police Department
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 by this article shall, unless payment is made under protest,
be final and conclusive, and constitute a waiver of any right to recover
the money so paid. If payment is made under protest, the offender
shall be entitled to a hearing before a Magisterial District Judge.
Payment of towing and storage charges shall not relieve the owner
or driver of any vehicle from liability for any fine or penalty for
violation of the provisions of this chapter for which the vehicle
was removed or impounded.
The Police Department 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 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.