Township of Upper Chichester, PA
Delaware County
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Table of Contents
Table of Contents
This article is enacted under authority of Section 6109(a)(22) of the Vehicle Code,[1] and gives authority to the Township of Upper Chichester to remove and impound those vehicles which are parked in a tow-away zone and in violation of parking regulations of this chapter. 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 Motor Vehicle Code.
Editor's Note: 75 Pa.C.S.A. § 101 et seq. as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
The Township of Upper Chichester 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 § 555-44 of this article. Provided: no such vehicle shall be removed or impounded except in strict adherence to the provisions of this article, or the provisions of the Pennsylvania Vehicle Code.
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:
Parking Lot
Removal and impounding of vehicles under this chapter shall be done only by "approved storage garages" that shall be designated from time to time by Board of Commissioners. Every such garage shall submit evidence to the Board of Commissioners that it is bonded or has acquired liability insurance in an amount satisfactory to Board of Commissioners 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 approved storage garage shall submit to the Board of Commissioners its schedule of charges for towing and storage of vehicles under this chapter, and, when the schedule is approved by Board of Commissioners, 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 chapter by any approved storage garage. The Board of Commissioners 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 chapter.
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 Chapter for which the vehicle was removed or impounded.
In order to reclaim his vehicle, the owner shall pay towing and storage costs, plus a fee of $25 of which $10 shall be transferred to the Pennsylvania Department of Transportation by the garage to which the vehicle was taken.
The Township of Upper Chichester 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 or 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.
[Amended 12-8-1988 by Ord. No. 465]
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of $600 together with all costs of disposing of the vehicle under provisions of the Vehicle Code, 75 P.S. § 7301 et seq. (1977), as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
If after a period of 15 days the vehicle in storage remains unclaimed, a report shall be filed with PennDOT in accordance with § 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[1] of the Pennsylvania Motor Vehicle Code (75 Pa.C.S.A. § 101 et seq., as amended).
Editor's Note: See 75 Pa.C.S.A. § 7301 et seq.