In the case of motor vehicles abandoned upon private property
and motor vehicles whose title certificates are faulty, lost or destroyed,
the person, firm, corporation or unit of government upon whose property
or in whose possession the abandoned motor vehicle was found or the
owner of such vehicle with faulty title or certificate may apply to
the Police Department for authority to transfer the motor vehicle
to a towing provider. The application to tow shall set forth the name
and address of the applicant, the year, make, model, manufacturer's
serial number and registration number of the motor vehicle, if ascertainable,
together with any other identifying features and shall contain a concise
statement of the facts surrounding the abandonment or that the title
of the motor vehicle is lost or destroyed, or the reasons for the
defect in title in the owner. The applicant shall execute an affidavit
stating the facts alleged therein are true and correct and that no
material facts have been withheld.
All motor vehicles which are removed and impounded in accordance with the provisions of §
300-40 shall be stored only in approved storage facilities as identified and approved by the Township as part of the application for towing services.
The owner or other person in charge or possession of any property
on which a vehicle is parked or left unattended in violation of the
Vehicle Code may contact the Township and request to have said vehicle
removed at the cost and expense of the owner of the vehicle.
No vehicle shall be removed under the authority of this article if, at the time of such intended removal, the owner or person being in charge of such motor vehicle is present, expresses a willingness and intention to immediately remove such motor vehicle, is physically capable of immediately removing such vehicle, and pays the applicable charge as authorized by §
300-47.
Where a motor vehicle is removed pursuant to the provisions of §
300-40 and charges for towing and/or storage of the motor vehicle accrue and are unpaid, a lien on the motor vehicle is hereby given to the towing provider for the amount of any charges which accrue in accordance with the provisions of this article. The towing provider may retain possession of the motor vehicle until the charges are fully paid and may enforce any such lien by selling the motor vehicle in accordance with the procedure set forth for the enforcement of a warehouseman's lien in Section 7-210 of the Uniform Commercial Code, Act of Nov. 1, 1979, P.L. 255, 13 Pa.CS.A. § 7210, as amended. In any event, the owner of the motor vehicle shall be personally liable for the payment of any charges.
Any party having the right to reclaim a vehicle may pay in cash,
personal check drawn on a local bank or, where appropriate, by credit
card; provided, however, that any party tendering a check which is
subsequently returned for insufficient funds or because of a stop-payment
order shall be liable to the towing provider for an amount equal to
three times the original amount charged, except that a party shall
have four business days from the date of the check to cure a check
returned for insufficient funds or before an amount equal to three
times the original amount is charged.
The payment of any towing and storage charges authorized by
this article shall, unless such payment shall have been made under
protest, be final and conclusive and shall constitute a waiver of
any right to recover the money so paid.
In the event that the towing and storage charges are paid under
protest, the offender shall be entitled to a hearing before a Magisterial
District Judge or a court of record having jurisdiction, in which
case said offender shall be proceeded against and receive such notice
as is provided by the Vehicle Code in other cases of summary offenses
and shall have the same rights as to appeal and waiver of hearing.
The Police Department shall keep a record of all vehicles impounded
and shall be able at all reasonable times to furnish the owners or
agents of the owners thereof or lienholders thereon with information
as to the place of storage of such vehicles.
In addition to any other remedy provided herein, including but
not limited to the removal from the Township list, any person who
shall violate any provision of this article shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000 and costs
and, in default of payment, to undergo imprisonment for a term not
to exceed 30 days. All prosecutions shall be brought before the Magisterial
District Judge having jurisdiction of summary violations that occur
in Spring Garden Township.