[Added 8-5-2008 by Ord.
No. 2008-06]
This article is enacted under the authority of 75 Pa.C.S.A.
§ 6109(A-22) of the Pennsylvania Motor Vehicle Code and
gives authority to the Township to remove, tow and impound:
As used in this article, the following terms shall have the
meanings indicated:
A vehicle shall be presumed to be abandoned under any of the
following circumstances:
A.
Vehicles and equipment used or to be used in construction or in the
operation or maintenance of highways or public utility facilities,
which are left in the manner which does not interfere with the normal
movement of traffic, shall not be considered to be abandoned.
A.
Whenever any police officer of the Township finds a vehicle in violation
of the provisions of the Township ordinances or State Vehicle Code[1] relating to stopping, standing and parking, or abandoned
in excess of 48 hours without being moved, the officer may move the
vehicle, or cause the vehicles to be moved, or require the driver
or other person in charge of the vehicle to move the vehicle, to a
position off of the roadway where the vehicle will not interfere unduly
with the normal movement of traffic or constitute a safety hazard.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
B.
Any police officer of Hamiltonban Township may remove, or cause to
be removed to the Township impounding area, any vehicle found upon
a highway or on public property under any of the following circumstances:
(1)
Report has been made that the vehicle has been stolen or taken without
the consent of its owner.
(2)
The person or persons in charge of the vehicle are physically unable
to provide for the custody or removal of the vehicle as a result of
intoxication or for any other physical reason.
(3)
The person driving or in control of the vehicle is arrested for an
alleged offense for which the officer is required by law to take the
person before an issuing authority without unnecessary delay.
(5)
The vehicle has been abandoned as defined herein.
(6)
The vehicle is parked in such a location as to be deemed by the officers
as a traffic hazard, is blocking or interfering with access rights
of any private individual or the public in general or under such circumstances
where the health, safety and welfare of the traveling public or persons
in the immediate vicinity would be adversely affected.
Removal and impounding of vehicles under this or any other ordinance
shall be done only by approved storage garages that shall be designated
from time to time by resolution of the Township Supervisors. Every
such garage shall submit evidence to the Township that it is bonded
or has acquired liability insurance in an amount satisfactory to the
Township 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 Township its schedule of charges for towing
and storage of vehicles under this article, and when the schedule
is approved by the Township, those charges shall be adhered to by
the approved storage garage. No charges shall be demanded of, or collected
from, any person whose vehicle is removed or impounded under this
article by any approved storage garage other than as set forth on
its schedule of charges, as approved by the Township. The Township
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 Township shall have the right to collect an administrative
charge of $40, in addition to the actual costs of towing of the vehicle,
and the sum of $25 per day or fraction thereof for all vehicles moved
and impounded. The owner of the vehicle shall be liable and responsible
for payment of such fees and costs, together with all towing and storage
fees and costs. No vehicle shall be removed from the impounded area
or any approved storage garage until such items are paid.
Within 12 hours from the time of removal of any such vehicle
from a street or highway for impounding, the police officer of the
Township shall send notice, in writing, by personal service if feasible
or by certified mail, return receipt requested, of that fact to the
owner(s) of record of the impounded vehicle, designating the place
from which said vehicle was removed, the reason for its removal and
impounding, the pound in which it has been impounded and the location
thereof, the towing and storage charges incurred and to be incurred,
the procedure to be utilized to retrieve the vehicle from impoundment,
the necessity of paying such towing and storage charges prior to the
release of the impounded vehicle, and the necessity/advisability of
retrieving the impounded vehicle as soon as possible.
Hamiltonban 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 owner or agents of the owner of those vehicles
with information as to the place of impoundment of the vehicle.
No vehicle shall be removed under the authority of this article
unless, at the time of the intended removal, the owner or the person
for the time being in charge of the vehicle is present, is physically
capable of removing the vehicle, and expresses a willingness and intention
to remove the vehicle immediately.
The payment of the towing and storage charges hereinbefore provided
for 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 charge or administrative
fee is made under protest, the offender shall be entitled to a hearing
before the Magisterial District Judge. Payment of the towing and storage
charges and the administrative fee 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.
If after a period of 15 consecutive days the vehicle in storage
remains unclaimed, a report shall be filed with the Pennsylvania Department
of Transportation, in accordance with § 7311 of the Pennsylvania
Vehicle Code,[1] 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 Vehicle Code
(75 Pa.C.S.A. § 101 et seq., as amended).[2]
Any owner of a vehicle impounded under the authority of this
article who fails to claim and pay the towing charges and storage
charges for the vehicle within 10 days of the date of the towing/impounding
shall be guilty of violating this article and, upon conviction thereof
in a summary offense before the Magisterial District Judge, shall,
in addition to having to pay the storage charges, towing costs and
administrative fees, be sentenced to pay a fine of not less than $100
nor more than $500 and/or undergo imprisonment for a period of not
more than 30 days.
