The Township shall have the authority under 75 Pa.C.S.A. § 6109(a) to remove and impound, or to order the removal and impounding of, any abandoned motor vehicle, or one presumed abandoned, or a motor vehicle otherwise in violation of the parking regulations in this chapter. Abandoned motor vehicles or motor vehicles which are parked in a manner as to interfere with traffic or pose a hazard to others, including on a route designated for snow emergency under § 212-3, may be towed under the provisions of the Vehicle Code of the Commonwealth of Pennsylvania (75 Pa.C.S.A. § 101 et seq.).
[Added 3-16-2017 by Ord. No. 165]
A.
Removal and impounding of vehicles under this article shall be done only by approved storage garages that shall be designated by the Board of Supervisors or other party designated by the Board of Supervisors. Every such garage shall submit evidence to the Board of Supervisors or other designated party that it is bonded or has acquired liability insurance in an amount satisfactory as sufficient to indemnify owners of impounded vehicles against loss or damage to those vehicles while in the custody of the garagekeeper for the purpose of towing or storage.
B.
The approved storage garage shall submit to the Board of Supervisors or other designated party its schedule of charges for towing and storage of vehicles under this article; and when the schedule is approved, those charges shall be adhered to by the approved storage garage. No different schedule of charges shall be adopted without approval of the Board of Supervisors or authorized designee, and no different 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 or its designee 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.
Within 24 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 Township 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. Such notice shall be deemed given in accordance with this section upon mailing by regular United States mail within the time period set forth herein.
Payment of removal and towing and/or storage charges shall not relieve the owner or driver of any vehicle from liability for any fine or penalty for the violation of the provisions of this chapter or any other law for which the vehicle was removed or impounded.
The Township shall cause a record to be kept of all vehicles removed and 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 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, firm or corporation violating this article shall, upon conviction for such offense before any District Justice of the Magisterial Districts within Nockamixon Township, be sentenced to pay a fine of not more than $100, along with the cost of prosecution. Each day that a violation continues to exist after notice to remove is given to the possessor, owner or storer of an abandoned vehicle by Nockamixon Township shall constitute a separate offense and shall be punishable as such.