This chapter is enacted under authority of § 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.
[Amended 12-16-1986 by Ord. No. 243]
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 48 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.
(5) The vehicle has remained illegally on a road or street during a snow and ice emergency in violation of Chapter
174.
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.
Any police officer may remove, or removal and impounding of vehicles
under this chapter shall be done only 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 of Supervisors that it is bonded or has
acquired liability insurance in an amount satisfactory to the Board of Supervisors
as 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
of Supervisors its schedule of charges for towing and storage of vehicles
under this chapter, and, when the schedule is approved by the Board of Supervisors,
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 chapter by any approved storage
garage. 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 under this chapter.
The payment of any towing and storage charges authorized by this chapter
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
chapter for which the vehicle was removed or impounded.
In order to reclaim his vehicle, the owner shall pay towing and storage
costs, plus a $25 fee 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 chapter 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 chapter or the
Vehicle Code 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.
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be sentenced to pay a fine of $50 together with all costs
of disposing of the vehicle under provisions of the Vehicle Code, 75 Pa.C.S.A.
§ 7301 et seq. (1977), as hereafter amended, supplemented, modified
or reenacted by the General Assembly of Pennsylvania.