This article is enacted under authority of Section 6109(a)(22)
of the Vehicle Code and gives authority to the Township 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.
The Township 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 §
282-40 of this article, and provided that 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:
Street
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Side
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Between
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Parking Lot
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(Reserved)
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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 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 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 any towing and storage charges authorized by
this chapter 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.
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 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.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of $50 together
with all costs of disposing of the vehicle under provisions of the
Vehicle Code, 75 Pa.C.S.A. § 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
Section 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 of the Pennsylvania Motor Vehicle
Code (75 Pa C.S.A. § 7301 et seq., as amended).