This article is enacted under authority of 75 Pa.C.S.A. § 6109(a)(22)
of the Vehicle Code and gives authority to the police to remove and
impound vehicles that are parked overtime on any street in the Township,
or in metered and unmetered parking lots in the Township, in violation
of any provision of this chapter.
The police of the Township shall have authority to remove and
impound or to order the removal and impounding of any vehicle parked
overtime or otherwise illegally.
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 resolution of the Township Supervisors. Every
such garage shall submit evidence to the Township Supervisors that
it is bonded or has acquired liability insurance in an amount satisfactory
to the Township 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 Township Supervisors its schedule
of charges for towing and storage of vehicles under this article,
and when the schedule is approved by the Township Supervisors, those
charges shall be adhered to by the approved storage garage. No different
schedule of charges shall be adopted without approval of the Township
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 Township Supervisors shall delete
from the Township 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 Police 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 Magisterial District Judge of applicable jurisdiction. 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 Police 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.