[Ord. 2004-07, 12/7/2004, § 1]
This Part is enacted under authority of Section 6109(a)(22)
of the Vehicle Code and gives authority to the Township to remove and impound
those vehicles which are parked in a tow-away zone and in violation
of parking regulations of this ordinance. Vehicles which have been
abandoned (as defined by the Vehicle Code) or which are parked in
such a manner as to interfere with traffic or pose a hazard to others,
may be towed under the provisions of the Pennsylvania Vehicle Code.
[Ord. 2004-07, 12/7/2004, § 1]
The Township shall have authority to remove and impound, or to order the removal and impounding, of any vehicle parked overtime or otherwise illegally, provided that the circumstances of its parking were within the conditions stated in §
15-801 of this Part; provided, no such vehicle shall be removed or impounded except in strict adherence to the provisions of this Part, or the provisions of the Pennsylvania Vehicle Code.
[Ord. 2004-07, 12/7/2004, § 1]
The following designated streets and/or parking lots are hereby
established as tow-away zones. Signs shall be posted to place the
public on notice that their vehicles may be towed for violation of
the Township parking regulations:
Street Parking Lot
|
Side
|
Between
|
---|
(Reserved)
|
[Ord. 2004-07, 12/7/2004, § 1; as amended by Ord. 2016-05, 10/11/2016]
1. Removal and impounding of vehicles under this Part by order of the
Plumstead Township Police shall be done only by approved storage garages
that shall be designated from time to time by the Township Chief of
Police. Every such garage shall submit evidence to the Chief of Police
that it is bonded or has acquired liability insurance in an amount
satisfactory to the Chief of Police 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 Chief of Police shall from time to time issue rules and regulations
in the form of a policy to implement this Part. Annually, the Chief
of Police shall establish a daily Township duty tow roster schedule
by rotating the approved storage garages so that one approved storage
garage is scheduled for each day of the year. Periodically, the Chief
of Police shall establish the maximum rates that an approved storage
garage may charge for towing and storage of vehicles under this section,
and those charges shall not be exceeded 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 section
by any approved storage garage.
2. Removal and impounding of vehicles under this Part by order of the
Plumstead Township Public Works Director 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. Annually, the Director of Public Works shall
establish a daily Township duty tow roster schedule by rotating the
approved storage garages so that one approved storage garage is scheduled
for each day of the year. The approved storage garage shall submit
to Board of Supervisors its schedule of charges for towing and storage
of vehicles under this section and, when the schedule is approved
by 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 section by any approved storage garage.
3. If any approved storage garage makes any unapproved charge in connection
with any vehicle removed or impounded under this Part by order of
the Plumstead Township Police or violates any other provision of this
Part or the rules and regulations issued by the Chief of Police (collectively
a "violation"), the Chief shall issue a written warning to the violator.
If a second violation occurs within 12 months of the first violation,
the Chief of Police shall remove the violator from the duty tow roster
schedule for a period of 30 days and provide the violator with written
notice of the removal. If a third violation occurs within 12 months
of the first violation, the Chief of Police shall delete the violator
from the Township list of approved storage garages and remove the
approved storage garage from the Township duty tow roster schedule.
Written notice of the Police Chief's action shall be given to the
garage removed from the approved garage list, including giving notice
of the right to appeal the action as set forth in this section.
4. If any approved storage garage makes any unapproved charge in connection
with any vehicle removed or impounded under this Part by order of
the Public Works Director (a "violation"), the Director of Public
Works shall issue a written warning to the violator. If a second violation
occurs within 12 months of the first violation, the Director of Public
Works shall remove the violator from the duty tow roster schedule
for a period of 30 days and provide the violator with written notice
of the removal. If a third violation occurs within 12 months of the
first violation, the Public Works Director shall delete the violator
from the Township list of approved storage garages and remove the
approved storage garage from the Township duty tow roster schedule.
Written notice of the Director of Public Works' action shall be given
to the garage removed from the approved garage list, including giving
notice of the right to appeal the action as set forth in this section.
5. A garage removed from the list of approved storage garages under either Subsection
3 or
4 above shall have 30 days from the date of the written notice of removal to appeal in writing its removal to the Township Board of Supervisors. The Township Board of Supervisors shall conduct a hearing on the appeal within 60 days of receipt of the written appeal. The hearing before the Board of Supervisors shall be conducted pursuant to the Local Agency Law, 2 Pa.C.S.A. § 551 et seq. If an appeal is filed, it shall act as a supersedeas of the removal, and the storage garage shall be allowed to remain on the duty tow roster schedule pending a decision by the Board of Supervisors.
6. Any party to the hearing before the Board of Supervisors may appeal
the written decision of the Board of Supervisors to the Bucks County
Court of Common Pleas 30 days from the date of the written decision
pursuant to the Local Agency Law, 2 Pa.C.S.A. § 551 et seq.
If an appeal is filed, it shall act as a supersedeas of the removal,
and the storage garage shall be allowed to remain on the duty tow
roster schedule pending a decision by the Court of Common Pleas.
[Ord. 2004-07, 12/7/2004, § 1]
The 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 Part for which
the vehicle was removed or impounded.
[Ord. 2004-07, 12/7/2004, § 1]
In order to reclaim his vehicle, the owner shall pay towing
and storage costs, plus a $50 fee of which $25 shall be transferred
to the Pennsylvania Department of Transportation by the garage to
which the vehicle was taken.
[Ord. 2004-07, 12/7/2004, § 1]
The Township shall cause a record to be kept of all vehicles
impounded under this Part 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.
[Ord. 2004-07, 12/7/2004, § 1]
No vehicle shall be removed under the authority of this Part
of 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.
[Ord. 2004-07, 12/7/2004, § 1; as amended by A.O.]
Any person violating the provisions of this Part
8 is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine as set forth in 75 Pa.C.S.A. § 7312, together with all costs of disposing of the vehicle under provisions of Chapter 73 of the Vehicle Code, 75 Pa.C.S.A. § 7301 et seq.
[Ord. 2004-07, 12/7/2004, § 1]
If, after a period of 15 days the vehicle in storage remains
unclaimed, a report shall be filed with PennDOT in accordance with
Section 7311 of the Vehicle Code by the person having legal custody of the vehicle. If
the vehicle has not been claimed after 30 days, the vehicle may be
transferred to a licensed salvor who will then be responsible for
filing the proper reports and disposing of the vehicle in accordance
with the provisions of Chapter 73 of the Pennsylvania Motor Vehicle
Code (75 Pa.C.S.A. § 101 et seq., as amended).