This article is enacted under authority of Section 6109(a-22)
of the Vehicle Code,[1] and gives authority to the Township to remove and impound
those vehicles which have been abandoned or are not legally entitled
to operate or park on the streets and highways of the commonwealth
under authority of the Vehicle Code.[2]
As used in this article, the following terms shall have the
meanings indicated:
A vehicle (other than a pedalcycle) shall be presumed to be
abandoned under any of the following circumstances, but the presumption
is rebuttable by a preponderance of the evidence:
The vehicle is physically inoperable and is left unattended
on a highway or other public property for more than 48 hours;
The vehicle has remained illegally on a highway or other public
property for a period of more than 48 hours;
The vehicle has remained on private property without the consent
of the owner or person in control of the property for more than 48
hours.
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 a manner which does not interfere with the normal
movement of traffic, shall not be considered to be abandoned.
A.
Outside business and residence districts, whenever any police officer
finds a vehicle in violation of any of the provisions of section 3351
of the Vehicle Code[1] (relating to stopping, standing and parking outside business
and residence districts), the officer may move the vehicle, or cause
the vehicle to be moved, or require the driver or other person in
charge of the vehicle to move the vehicle to a position off 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. § 3351.
B.
Unattended vehicle obstructing traffic. Any police officer may remove
or cause to be removed to a place of safety any unattended vehicle
illegally left standing upon any highway, bridge, causeway or in any
tunnel in such position or under such circumstances as to interfere
unduly with the normal movement of traffic or constitute a safety
hazard.
C.
Removal to garage or place of safety. Any police officer may remove
or cause to be removed to the place of business of the operator of
a wrecker or to a nearby garage or other place of safety any vehicle
found upon a highway 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.
(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 arrested before an issuing authority without unnecessary delay.
D.
Notice to owner prior to removal.
(1)
Prior to removal of an abandoned vehicle bearing a registration plate,
certificate of inspection or vehicle identification number plate by
which the last registered owner of the vehicle can be determined,
the police department shall send a notice by certified mail to the
last registered owner of the vehicle informing the owner that unless
the vehicle is moved to a suitable location within seven days of the
date notice is mailed, the vehicle will be removed under this section
and held at a suitable facility where it may be reclaimed by the owner
in accordance with the provisions of Section 7306 of the Vehicle Code[4] (relating to payment of costs upon reclaiming vehicle).
If the abandoned motor vehicle does not bear an identifiable registration
plate, certificate of inspection or vehicle identification number
plate, the notice may be secured to the vehicle.
[4]
Editor's Note: See 75 Pa.C.S.A. § 7306.
(2)
If, within the seven-day period, the owner so requests, the owner
shall be given an opportunity to explain to the police officer or
department why the owner believes the vehicle should not be removed.
If the police officer or department determines that the vehicle shall,
nonetheless, be removed, the owner shall be given an additional 48
hours to remove the vehicle, have it removed or demand a hearing,
which shall conform to the requirements of 2 Pa.C.S.A. Chapter 5,
Subchapter B (relating to practice and procedure of local agencies).
The police officer or department shall inform the owner of the right
to a hearing by delivering to the owner a notice warning the owner
that, unless the vehicle is removed or a hearing is demanded, the
owner shall be subject to the provisions of Section 7306.[5] If, as a result of the hearing, it is determined that
the vehicle will be removed, the owner shall be given an additional
48 hours to remove the vehicle or have it removed. The hearing shall
be before a civilian officer or employee of the municipality in which
the vehicle is located.
[5]
Editor's Note: See 75 Pa.C.S.A. § 7306.
(3)
The provision for notice set forth in this subsection is applicable
only if the vehicle is abandoned upon a highway and is not in violation
of Sections 3351(a) or 3353 (a) or (b) of the Vehicle Code.[6] Notice under this subsection is in addition to any other
notice requirements provided in the Vehicle Code.
[6]
Editor's Note: See 75 Pa.C.S.A. §§ 3351(a)
and 3353(a) or (b), respectively.
Any police officer may remove or 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 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 chapter, 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 chapter 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 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 Magisterial District Judge. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In order to reclaim his vehicle, the owner shall pay towing
and storage costs, plus a $50 fee, of which $25 shall be transferred
to the Pennsylvania Department of Transportation by the garage to
which the vehicle was taken.
The Township shall cause a records 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[1] 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.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
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. § 101 et seq. (1977), as hereafter
amended, supplemented, modified or reenacted by the General Assembly
of Pennsylvania.
