[HISTORY: Adopted by the Board of Supervisors of Caernarvon Township 9-3-1965 by Ord. No. 17. Amendments noted where applicable.]
Whenever any vehicle shall be found wrecked, abandoned, or parked in violation of laws and ordinances now or hereinafter in force, or shall be seized, such vehicle shall be removed, upon the authorization of the Chief of Police, to an official vehicle pound; provided, that no vehicle shall be towed away from the place where it is so found if, at the time of the intended removal, the owner or person for the time being in charge thereof is present and shall express a willingness and intention to immediately remove the said vehicle.
The person removing or directing the removal of any vehicle shall immediately make a report thereof to the Chief of Police, giving the registration number and the location of the vehicle pound to which such vehicle has been removed and the reason for its removal and, within 12 hours from the time of removal of any such vehicle (provided that the vehicle has not already been released from the vehicle pound), the Chief of Police shall notify the owner of record of such vehicle by certified mail that the same has been impounded, such notice to designate the place from which such vehicle was removed, the reason for its removal and impounding, and the vehicle pound in which it has been so impounded. The Chief of Police shall keep a record of all vehicles so impounded and be able at all times to furnish the owners or agents thereof with information as to the place where such vehicle has been impounded.
Before the owner, or his agent, shall be permitted to remove an impounded vehicle from such vehicle pound, he shall:
A. 
Pay to the duly authorized agent of the Township Treasurer the actual towing and/or storage charges incurred by the Township and procure from such duly authorized agent of the Township Treasurer a certified release in duplicate, such release indicating whether or not payment was made under protest;
B. 
Present the original copy of said release to the person in charge of the official vehicle pound, or his authorized agent, furnishing to said person or his said agent satisfactory evidence of his identity and ownership or agency authority; and
C. 
Sign a release for such vehicle so removed.
The payment of the towing and/or storage charges shall not operate to relieve the owner of such vehicle from liability for any fine or penalty imposed for violation of any law or ordinance on account of which the vehicle was impounded and provided, further, that the payment of such charges, unless made under protest, shall be final and conclusive, and shall constitute a waiver of any right to recover the money so paid.
In the event that towing and/or storage charges are paid under protest, the offender shall be entitled to a hearing before any minor judicial officer having jurisdiction of the matter, in which case the defendant shall be proceeded against and receive such notice as is provided by statute in other cases of similar offenses and shall have the same right of appeal and waiver of hearing. In the event the minor judicial officer shall, in accordance with law, acquit the defendant, the minor judicial officer shall forthwith certify to the Township Treasurer the facts, and the Township Treasurer shall, within five days, refund to the defendant the amount of said towing and/or storage charges paid by him on his behalf.
The police officer removing or directing the removal of any vehicle under the provision of this chapter shall affix securely a towing notice form in a prominent place on such vehicle, such form to bear the license number of the vehicle, the date, time, place and nature of the violation, a list of all visible defects and damage at the time of removal and the name or identifying badge number of the officer removing or directing the removal of such a vehicle. Such towing notice form shall be made out in triplicate and shall be identified by a separate number on each original notice form, the same number to appear on all copies of the form. The triplicate copy shall be mailed to the offender, the original shall be delivered to the Township Treasurer, and the duplicate copy shall be returned to the Chief of the Police Department.
Any garage or garages designated by the Township Supervisor as an official vehicle pound pursuant to the terms of § 467-1 thereof shall be insured in an adequate amount to indemnify the owner and/or encumbrance holder of any such vehicle intended to be impounded therein, providing settlement against the loss thereof or injury or damage thereto, while in the custody of such poundkeeper, and such insurance coverage shall cover the liability of Caernarvon Township and its supervisors against any claims for the loss, injury or damage of a vehicle so impounded.
The Board of Supervisors shall fix and establish charges for the towing and storage of motor vehicles impounded under the terms of this chapter. The schedule of charges so established shall be affixed as an Exhibit "A" to this chapter,[1] and the charges as so fixed and amended from time to time shall be the maximum charges permissible under the terms hereof.
[1]
Editor's Note: Exhibit "A" is on file in the Township offices.
Any ordinance or ordinances or parts thereof inconsistent with the provisions of this chapter are hereby repealed insofar as the same affects this chapter.