The Township of Spring Garden (hereinafter "Township") hereby adopts the York County Regional Police Department (the "Department" of the "Police") Towing Policy regarding the establishment of a list of qualified towing service providers ("towing provider(s)") for light-duty and medium-/heavy-duty towing services within the Township.
A.
Upon the written request of the Township, the contractor may take possession and tow to its storage facilities any motor vehicle found abandoned within the meaning of Section 102 of the Vehicle Code.[1] The written request of the Department shall contain a statement whether such motor vehicle is valuable only as junk.
B.
The Police may remove or cause to be removed, and subsequently cause to be impounded, any motor vehicle parked on any street, highway, alley and rights-of-way, public property or private property in violation of any Township ordinance or the Vehicle Code.
C.
The Police may remove or cause to be removed through a towing provider, and subsequently cause to be impounded, any motor vehicle which is:
(1)
Obstructing traffic;
(2)
Parked on private property without the permission of the owner thereof, except commercial property which must be posted;
(3)
Reported stolen;
(4)
Parked in such a manner as to impede the use of fire-fighting equipment, snow removal equipment or other emergency equipment;
(5)
Parked in violation of any Township ordinance; and
(6)
Parked in violation of any provision of the Vehicle Code.
D.
The Police may request that any vehicle identified above be towed to a secure Township location.
In the case of motor vehicles abandoned upon private property and motor vehicles whose title certificates are faulty, lost or destroyed, the person, firm, corporation or unit of government upon whose property or in whose possession the abandoned motor vehicle was found or the owner of such vehicle with faulty title or certificate may apply to the Department for authority to transfer the motor vehicle to a towing provider. The application to tow shall set forth the name and address of the applicant, the year, make, model, manufacturer's serial number and registration number of the motor vehicle, if ascertainable, together with any other identifying features and shall contain a concise statement of the facts surrounding the abandonment or that the title of the motor vehicle is lost or destroyed, or the reasons for the defect in title in the owner. The applicant shall execute an affidavit stating the facts alleged therein are true and correct and that no material facts have been withheld.
All motor vehicles which are removed and impounded in accordance with the provisions of § 300-45 shall be stored only in approved storage facilities as identified and approved by the Department as part of the application for towing services.
The owner or other person in charge or possession of any property on which a vehicle is parked or left unattended in violation of the Vehicle Code may contact the Township and request to have said vehicle removed at the cost and expense of the owner of the vehicle.
No vehicle shall be removed under the authority of this article if, at the time of such intended removal, the owner or person being in charge of such motor vehicle is present, expresses a willingness and intention to immediately remove such motor vehicle, is physically capable of immediately removing such vehicle, and pays the applicable charge as authorized by § 300-52.[1]
[1]
Editor's Note: This reference was updated from the reference found in the adopted ordinance at the direction of the Township.
A.
Within 24 hours* from the time of removal of a motor vehicle in accordance with the provisions of this article, except in the case of an abandoned motor vehicle, notice of the fact that such motor vehicle has been removed and/or impounded shall be sent by the Department to the owner of record of such motor vehicle, designating the place from which said vehicle was removed, the reason for its removal and/or impounding, and the name and address of the garage in which it has been impounded or the location of the place to which it has been removed. (*Except after hours, weekends, and holidays when notice shall be sent as soon as possible.)
B.
Notice of the fact that a motor vehicle has been impounded as an abandoned vehicle shall be in accordance with the provisions of the Vehicle Code.
A.
Before a towing provider shall be eligible to receive any motor vehicles deemed to be abandoned, he must furnish a bond as required by Section 7302 of the Vehicle Code.[1] All bonds required to be procured pursuant to the provisions of this article shall be submitted to the Solicitor of the Department for approval.
B.
Each towing provider shall procure and maintain public liability, fire, explosion, and extended coverage, and garage keeper's (direct liability) insurance in amounts that meet the Department's requirements. Such types and amounts of insurance may subsequently be changed by resolution of the Police Board of Commissioners, at its discretion.
A.
Any party having the right to reclaim any vehicle from the Department or any towing provider shall first pay the amounts as specified by resolution of the Township Board of Commissioners.
B.
Towing providers shall only charge those towing, storage and other related fees established by the Township for any towing services provided in accordance with this article.
A.
In the event that unauthorized fees for towing, storage or other related services are charged by a towing provider, the owner of the vehicle shall have the right to bring a civil action against the towing provider before a Magisterial District Judge or a court of record having jurisdiction over such matter.
B.
If, following the hearing held pursuant to such civil action described in Subsection A hereof, a Magisterial District Judge determines that a payment made was unauthorized or in excess of the prescribed legal amount, the complainant shall be awarded monetary damages triple the amount of the original payment.
C.
The complainant shall have no cause of action against the Township, the Department, their respective Board of Commissioners, officers, employees, agents, partners, heirs, successors, and/or assigns.
Where a motor vehicle is removed pursuant to the provisions of § 300-45 and charges for towing and/or storage of the motor vehicle accrue and are unpaid, a lien on the motor vehicle is hereby given to the towing provider for the amount of any charges which accrue in accordance with the provisions of this article. The towing provider may retain possession of the motor vehicle until the charges are fully paid and may enforce any such lien by selling the motor vehicle in accordance with the procedure set forth for the enforcement of a warehouseman's lien in Section 7-210 of the Uniform Commercial Code, Act of Nov. 1, 1979, P.L. 255, 13 Pa.C.S.A. § 7210, as amended. In any event, the owner of the motor vehicle shall be personally liable for the payment of any charges.
Any party having the right to reclaim a vehicle may pay in cash, personal check drawn on a local bank or, where appropriate, by credit card; provided, however, that any party tendering a check which is subsequently returned for insufficient funds or because of a stop-payment order shall be liable to the towing provider for an amount equal to three times the original amount charged, except that a party shall have four business days from the date of the check to cure a check returned for insufficient funds or before an amount equal to three times the original amount is charged.
The payment of any towing and storage charges authorized by this article shall, unless such payment shall have been made under protest, be final and conclusive and shall constitute a waiver of any right to recover the money so paid.
In the event that the towing and storage charges are paid under protest, the offender shall be entitled to a hearing before a Magisterial District Judge or a court of record having jurisdiction, in which case said offender shall be proceeded against and receive such notice as is provided by the Vehicle Code in other cases of summary offenses and shall have the same rights as to appeal and waiver of hearing.
The Department shall keep a record of all vehicles impounded and shall be able at all reasonable times to furnish the owners or agents of the owners thereof or lienholders thereon with information as to the place of storage of such vehicles.
In addition to any other remedy provided herein, including but not limited to the removal from the Department list, any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs and, in default of payment, to undergo imprisonment for a term not to exceed 30 days. All prosecutions shall be brought before the Magisterial District Judge having jurisdiction of summary violations that occur in Spring Garden Township.