Pursuant to § 6109(a)(22) of the Vehicle Code,[1] the Township may remove and impound, or cause to be removed
and impounded:
B.
Vehicles
parked in metered and unmetered parking lots in violation of any ordinance
enacted by the Township regulating such lots, provided that the Township
operates such lots.
[1]
Editor's Note: See 75 Pa.C.S.A. § 6109(a)(22).
Under the circumstances prescribed by § 480-45, the police officers of the Township are hereby given authority to remove and impound, or to order the removal and impounding of, any vehicle, provided that no vehicle shall be removed or impounded except in strict adherence to the provisions of this article.
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 Commissioners. Every such garage shall submit
evidence to the Commissioners that it is bonded or has acquired liability
insurance in an amount satisfactory to the Commissioners as sufficient
to indemnify owners of impounded vehicles against loss or damage to
vehicles while in the custody of the garage keeper. An approved storage
garage shall submit a schedule of charges for towing and storage of
vehicles under this article to the Commissioners, and, upon approval
of such schedule by the Commissioners, such charges shall be adhered
to by the approved storage garage, and no different schedule of charges
shall be adopted nor demanded of or collected from any person whose
vehicle is removed or impounded under this article by any approved
storage garage without prior approval of the Commissioners. The Commissioners
shall delete any garage that shall make any unapproved charge from
its list of approved storage garages.
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 Chief of Police or his designee 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 under
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 or court of record having jurisdiction,
in which case such defendant shall be proceeded against and shall
receive such notice as is provided in the Vehicle Code[1] in cases of summary offenses and shall have the same rights
as to appeal and waivers of hearing. Payment of towing and storage
charges shall not relieve the owner or operator of any vehicle from
liability for any fine or penalty for the violation of the provisions
of this chapter on account of which the vehicle was removed and impounded.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
The Chief of Police shall keep a record of all vehicles impounded
under this article and shall, at all reasonable times, furnish the
owners or the agents of the owners of those vehicles with information
as to the place of storage of the vehicles.
No vehicle shall be removed under the authority of this article
if, at the time of the intended removal, the owner or the person then
in charge of the vehicle is present and expresses a willingness and
intention to immediately remove the vehicle.
