[Adopted 3-22-2011 by Ord. No. 11-02]
This article is enacted under the authority of the Pennsylvania
Motor Vehicle Code ("Motor Vehicle Code"), 75 Pa.C.S.A. § 6109(a)(22),
which presumes the following to be a reasonable exercise of local
authority police power: "Providing for and establishing procedures
governing the removal and impounding of any vehicle parked on the
highways or public property of the local authority in violation of
any local ordinance adopted pursuant to the authority of this Title
or of any of the provisions of this title." This article is also enacted
under the authority of § 3353(c) of the Motor Vehicle Code,
75 Pa.C.S.A. § 3353(c), providing that "any Township may,
by ordinance, provide for rates to be charged for removal of vehicles
and for municipal regulation of authorized towing services." This
article is also enacted to regulate removal and/or impoundment of
vehicles by the Township where such removal and/or impoundment is
authorized by any provision of the Motor Vehicle Code.
The Township, through the Hanover Township Code Enforcement
Officer of the CRPD, shall have authority to order and direct the
removal and/or impoundment of vehicles and to remove and/or impound
vehicles, whenever such removal and/or impoundment is authorized by
the Motor Vehicle Code, by this article or by any other law or ordinance.
Nothing contained herein shall be deemed to authorize the garaging
and/or impoundment of any motor vehicle where, under the provisions
of the Motor Vehicle Code, authority is granted only for the movement
of a motor vehicle to a point or place off the roadway but not to
a garage or other place of safety.
No vehicle shall be removed and/or impounded under the authority
of this article if, at the time of the intended removal, the owner,
operator or other person then in charge of the vehicle is present,
expresses a willingness and intention to remove the vehicle immediately
and in fact removes or causes the vehicle to be immediately removed.
Vehicles ordered and directed to be removed and/or impounded
under the authority of this article shall be removed and/or impounded
only by a towing and storage garage, which has been approved by the
Board of Supervisors. Each approved towing and storage garage shall
comply at all times with all of the following minimum requirements:
A.
Provide evidence of such bonds and/or insurance in such amount or
amounts and such time or times as deemed necessary or desirable by
the Board of Supervisors to indemnify the owners of vehicles removed
and/or impounded against loss or damage to such vehicles while in
the custody of such garage.
B.
Submit a schedule of fees for towing and/or storage for approval
by the Board of Supervisors and shall not charge, attempt to charge
or collect any fee except as approved by the Board of Supervisors.
The Township shall post, in a conspicuous public place in the offices
of the Township, each approved schedule of fees. The Board of Supervisors
shall have authority to impose, by resolution, such additional requirements
for approval of towing and storage garages, as the Board of Supervisors
may deem necessary or desirable, from time to time.
C.
Own or lease, and maintain, a sufficient quality and quantity of
tow trucks and other equipment to properly perform its responsibilities
pursuant to this resolution and the agreement, including trucks and
other equipment capable of towing passenger vehicles with all four
wheels removed from the street surface;
D.
Own or lease, and maintain, a sufficient number of off-street parking
spaces, both within a secure fenced area and within a secure building,
for the storage of towed and or impounded vehicles;
E.
Comply with any and all requests, at any and all times, seven days
a week, including weekends and holidays, 24 hours each day, by the
Hanover Township Code Enforcement Officer, the CRPD, or other law
enforcement authorities, for the arrival of a tow truck at any location
within Hanover Township where towing services are required, within
15 minutes from the time of such request during regular business hours,
and within 30 minutes at all other times;
F.
Take possession of and be responsible for all valuable personal property
remaining in a vehicle at the time it is towed, and secure such property
within a building, unless a CRPD police officer, or other law enforcement
official, takes possession of such property.
G.
Have sufficient quantities of flares to warn and regulate traffic,
and sufficient equipment to sweep and otherwise remove debris such
as broken glass, vehicle parts, etc., and be responsible for the proper
use of such flares and for the sweeping and removal of such debris;
H.
Provide the Hanover Township Code Enforcement Officer and the CRPD
with a day and evening telephone contract number, and the name and
address of the place of business to which vehicles are towed and stored,
and notify the Hanover Township Code Enforcement Officer and the CRPD
in the event of any change thereto.
I.
Not charge, attempt to charge, or collect any fee for any service
rendered, except as approved by the Board of Supervisors; and
J.
Each approved towing and storage garage shall enter into an agreement
with exonerate, indemnify and save the Township of Hanover and its
officers, employees, and agents, and its and their heirs, successors
and assigns, harmless from and against any and all liability for or
on account of any injury or damages, including injury or damages to
persons or property, and any claims, demands and actions of whatsoever
nature or kind, arising out of such garage's activities or failures
to act in connection with its towing and garage services, and shall
pay all costs and expenses, including reasonable attorney's fees,
incurred by the Township of Hanover in connection with any such liability,
claims, demands and actions.
If at any time the Board of Supervisors finds, after such notice
and hearing as may be required by law, that any towing and storage
garage:
A.
Does not comply or no longer complies with the requirements for approval established in § 172-76 or by resolution of the Board of Supervisors.
B.
Has violated any provision of this Article VII or any other legal requirement or duty imposed on such garage.
C.
Has violated or breached any agreement with the Township, then in
such event or events the Board of Supervisors shall have the authority
to revoke the approval of such garage.
The Hanover Township Code Enforcement Officer or the CRPD and
the towing and storage garage shall create and maintain a written
record for each vehicle removed and/or impounded under the authority
of this article, the Motor Vehicle Code or other applicable law, which
record shall contain the following minimum information:
A.
The location from which the vehicle was removed and/or impounded.
B.
The date and time the vehicle was removed and/or impounded.
C.
The location to which the vehicle was removed and/or impounded.
D.
The reason for removal and/or impounding the vehicle.
E.
To the extent available the year, make and model of the vehicle.
F.
To the extent available, the registration plate information, the
certification of inspection information and the federal vehicle identification
number.
G.
A copy of any notice to the owner required by this article, the Motor
Vehicle Code and any other law or ordinance requiring notice to the
owner.
Within 24 hours of the removal and/or impoundment of a vehicle
under the authority of this article, the Hanover Township Code Enforcement
Officer or the CRPD, as the case may be shall send written notice
thereof to the owner of the vehicle. Such notice shall set forth the
following information:
The CRPD shall direct the removal of motor vehicles which are abandoned within the meaning of the phrase in § 102 of the Motor Vehicle Code, 75 Pa.C.S.A. § 102, only to a salvor authorized by the Pennsylvania Department of Transportation pursuant to the provisions of Chapter 73, Abandoned Vehicles and Cargo, of the Motor Vehicle Code.
The CRPD shall give such notice to the owners of abandoned vehicles
as defined in § 102 of the Motor Vehicle Code, 75 Pa.C.S.A.
§ 102, prior to removal and/or impoundment thereof, pursuant
to the requirements of § 3352(d) of the Motor Vehicle Code,
75 Pa.C.S.A. § 3353(d) and any other applicable law.
Unless protest to the imposition of towing, storage and/or reclamation
costs is made in writing at the time of payment, such payment shall
be final, conclusive and uncontestable and shall constitute a waiver
of any right to recover such payment. Such payment shall not relieve
the owner or operator of the vehicle from liability for any fine or
penalty imposed as a result of any violation of this chapter or the
Motor Vehicle Code or any other law or ordinance pursuant to which
such vehicle was removed and/or impounded.
It shall be unlawful for any towing and storage garage to charge,
attempt to charge or collect any fee for any service rendered under
the authority of this article except as approved by the Board of Supervisors.
Any person who shall violate the provisions of this article shall,
upon conviction therefor, be sentenced to pay a fine of $300 and costs
and, in default of payment of such fine, to a term of imprisonment
not to exceed 30 days.
