This article is enacted under authority of Section 6109(a)(22)
of the Vehicle Code and gives authority to the Municipality to remove
and impound vehicles that are parked overtime on any street in the
Municipality, or in metered and unmetered parking lots in the Municipality,
in violation of any provision of this chapter.
As used in this article, the following terms shall have the
meanings indicated:
ABANDONED VEHICLES
A vehicle (other than a pedal cycle) shall be presumed to
be abandoned under any of the following circumstances, but the presumption
is rebuttable by a preponderance of the evidence:
A. The vehicle is physically inoperable and is left unattended on a
highway or other public property for more than 48 hours.
B. The vehicle has remained illegally on a highway or other public property
for a period of more than 48 hours.
C. 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:
(1)
A valid registration plate.
(2)
A certificate of inspection.
(3)
An ascertainable vehicle identification number.
D. The vehicle has remained on private property without the consent
of the owner or other person in control of the property for more than
48 hours.
E. 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.
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 Municipal Council. Every such garage shall
submit evidence to the Municipal Council that it is bonded or has
acquired liability insurance in an amount satisfactory to the Municipal
Council 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 Municipal Council its schedule of charges for
towing and storage of vehicles under this article, and when the schedule
is approved by the Municipal Council, those charges shall be adhered
to by the approved storage garage. No different schedule of charges
shall be adopted without approval of the Municipal Council, 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 Municipal Council 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 10 days 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 Municipality 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 Municipality 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.