This article is enacted under authority of Section 6109(a)(22)
[75 Pa.C.S.A. § 6109(a)(22)] of the Vehicle Code, and gives
authority to the Township of West Manheim to remove and impound those
vehicles which are stopped or parked in a tow-away zone and in violation
of regulations of this article. Vehicles which have been abandoned
(as defined by the Vehicle Code) or which are stopped or 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 Vehicle Code.
The Township of West Manheim shall have authority to remove
and impound, or to order the removal and impounding, of any vehicle
stopped or parked illegally, 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 areas 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 of West Manheim regulations:
A. Along the west side of State Route 0094 from the intersection of
State Route 0094 and Fuhrman Mill Road north to the Penn Township
line.
B. Along the east side of State Route 0094 from the intersection of
Fuhrman Mill Road and State Route 0094 north to the Penn Township
line.
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 Board of Supervisors. Every such garage shall
submit evidence to the Board of Supervisors that it is bonded or has
acquired liability insurance in an amount satisfactory to the Board
of Supervisors 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 Supervisors its schedule of charges
for towing and storage of vehicles under this article, and, when the
schedule is approved by the Board of Supervisors, 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 article by any approved
storage garage. The Board of Supervisors 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 article.
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 article 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 $50, of which $25 shall be transferred
to the Pennsylvania Department of Transportation by the garage to
which the vehicle was taken.
The Township of West Manheim 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
vehicles.
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, together with
all costs of disposing of the vehicle as provided under provisions
of the Vehicle Code, 75 Pa.C.S.A. § 7312 et seq. (2003),
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 the Pennsylvania Department
of Transportation 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. § 101 et seq., as amended).