[Added 11-11-1996 by Ord. No. 121]
A. 
By Act 93 of 1996, the General Assembly amended the Vehicle Code[1] to add a new Section 6309.1 authorizing municipalities to enact ordinances allowing the impoundment of vehicles or combinations with a gross vehicle weight rating of 17,000 pounds or less for failure to pay fines relating to certain types of violations of the Vehicle Code. Section 6309.1 specifically authorizes impoundment of the motor vehicle of a defendant convicted of or who enters a plea of guilty or nolo contendere for violations of enumerated sections of the Vehicle Code where fines singularly or in combination total in excess of $250. The Board of Supervisors desires to enact an ordinance to implement the provisions of Section 6309.1 of the Vehicle Code.
[1]
Editor's Note: See 75 Pa. C.S.A. § 101 et seq.
B. 
Act 93 additionally amended the Vehicle Code to add a new Section 6309.2 which authorizes immobilization, towing and storage of vehicles for driving without operating provisions or registration. In Act 93, the General Assembly provided that the provisions of Section 6309.2 would become effective if the municipality enacted an ordinance electing to make Section 6309.2 applicable. The Board of Supervisors desires to make this section applicable within the Township.
The terms used in this article shall have the meanings assigned to them in the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 101 et seq.
A. 
Upon conviction of or entry of a plea of guilty or nolo contendere for one or more of the following offenses and upon imposition of a fine or fines which separately or together with any other outstanding or unpaid fines imposed for the following offenses total in excess of $250, the defendant shall be allowed 24 hours either to obtain the funds and pay the fine or fines and costs of prosecution or to make arrangements with the issuing authority to pay in installments, as provided by the Pennsylvania Rules of Criminal Procedure, during which time the defendant's vehicle or combination may be rendered temporarily inoperable by a police officer, sheriff or constable as the issuing authority shall designate.
(1) 
Relating to registration and certificate of title required: 75 Pa. C.S.A. § 1301.
(2) 
Relating to display of registration plate: 75 Pa. C.S.A. § 1332.
(3) 
Relating to operation following suspension of registration: 75 Pa. C.S.A. § 1371.
(4) 
Relating to drivers required to be licensed: 75 Pa. C.S.A. § 1501.
(5) 
Relating to driving while operating privileges suspended or revoked: 75 Pa. C.S.A. § 1543.
(6) 
Relating to required financial responsibility: 75 Pa. C.S.A. § 1786.
(7) 
Relating to fraudulent use or removal of registration plate: 75 Pa. C.S.A. § 7124.
B. 
If the defendant neither makes payment nor makes suitable arrangements for payment within the twenty-four-hour period or defaults upon such payment, the issuing authority may issue an impoundment order for the defendant's vehicle and direct enforcement of the order by a police officer, constable or an impoundment official as authorized by the issuing authority.
C. 
Upon impoundment, the owner and lienholders that are known or can be ascertained by investigation shall be given notice by the most expeditious means and by certified mail, return receipt requested, in accordance with the requirements of the Vehicle Code.
D. 
All costs incurred by the Township incident to seizure and impounding vehicles under this section and under Section 6309.1 of the Vehicle Code shall be recovered from the defendant, in addition to the costs of prosecution.
A. 
If a person operates a motor vehicle or combination on a public street within the Township while such person's operating privileges are suspended, revoked, canceled, recalled or disqualified or where the person is unlicensed as verified by a Township police officer in cooperation with the Pennsylvania Department of Transportation, said officer shall immobilize the vehicle and notify the District Justice in whose district the violation occurred.
B. 
If a motor vehicle or combination for which there is no valid registration or for which the registration is suspended for failing to maintain financial responsibility, or where no financial responsibility has been secured, as verified by a Township police officer, is operated on a public right-of-way within the Township, the police officer shall immobilize the motor vehicle or combination and shall notify the District Justice in whose district the violation occurred.
C. 
Any vehicle or combination immobilized in accordance with this section shall be towed and impounded and released or disposed of in accordance with the provisions of Section 6309.2 of the Vehicle Code, 75 Pa.C.S.A. § 6309.2.
D. 
All costs incurred by the Township in enforcing this section shall be recovered from the defendant in accordance with Section 6309.2 of the Vehicle Code.