[Amended 10-17-2018 by Ord. No. 2018-10-17-1]
This article is enacted under the authority of Section 6109(a)(22)
of the Pennsylvania Vehicle Code and authorizes the Township to remove, tow and impound any vehicle that is parked on any street in violation of any provision, section or schedule of this Chapter
154, or parked or left unattended on any Township-owned property without authority.
[Amended 10-17-2018 by Ord. No. 2018-10-17-1]
The Township shall remove, tow and impound vehicles only in compliance with the procedure set forth in this Article
IV.
Removal and impounding of vehicles under this
article 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 garagekeeper 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 article,
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 adopted without approval of the Board
of Supervisors, and no different 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 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 Township 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 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.
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 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.