[HISTORY: Adopted by the Board of Supervisors of the Township of
New Garden 9-1-1964 by Ord. No. 34. Amendments
noted where applicable.]
The Supervisors, including the Secretary for said Township, and any
local police officer and/or other law enforcement officer, is hereby authorized
to remove and impound or to order the removal or impounding of any motor vehicle
illegally and improperly parked or abandoned on any of the streets, highways
or public property of the Township of New Garden, Chester County, Pennsylvania,
in violation of any of the provisions of this chapter or any other ordinance
of the Township of New Garden.
Motor vehicles, when removed under this chapter, shall be stored at
any public garage or gas station selected by the Township of New Garden, provided
the said garage or gas station is bonded in an adequate amount for the indemnifying
of the owner of such impounded vehicle against the loss thereof, or injury
or damage thereto, while in the custody of such garage and/or gas station
owner.
A schedule of specific towing and storage charges shall be prepared
by the Supervisors and shall be displayed at the Township Administration Building,
meeting place for the Township Supervisors, and such offices of the District
Justices within New Garden Township.
Within 24 hours from the time of the removal of any motor vehicles under
the authority granted by this chapter, notice of the fact that such vehicle
has been impounded shall be sent by the Supervisors or their duly elected
or appointed representative for the Township of New Garden, to the owner of
record of such motor vehicle. Such notice shall designate the place from which
said motor vehicle was removed, the reason for its removal and impounding,
and the garage or gas station to which it shall have been removed. Said notice
shall be by registered mail, return receipt requested. Said notice shall also
contain a statement of the towing charges and the per-day rate for the impounded
vehicle.
The payment of any towing and impounding charges authorized by this
chapter 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 any towing and impounding charges so imposed shall
be paid "under protest," the offender shall be entitled to hearing before
a District Justice within New Garden Township, having jurisdiction thereof,
in which case such defendant shall be proceeded against and receive such notice
as is provided by the Vehicle Code of the Commonwealth of Pennsylvania[1] in other cases of summary offenses, and shall have the same rights
as to appeal and waiver of hearing.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
The persons enumerated in § 189-1 hereof shall keep a record of all motor vehicles impounded and shall be able at all reasonable times to furnish the owners or agents of the owners thereof with information as to the place of storage of such motor vehicle.
After the expiration of 30 days from the date that the registered mail
notice is received at the post office of the owner of said vehicle, if the
same shall not have been claimed, or the owner shall have refused to make
payment, then and thereafter the Township and the impounding agency shall
dispose of said vehicle in accordance with the methods set forth in the Vehicle
Code for the Commonwealth of Pennsylvania.
No vehicle shall be removed under the authority of this chapter if at
the time of the intended removal thereof the owner or person in charge of
said motor vehicle is present and expresses a willingness, intention and apparent
ability to remove such motor vehicle within a two-hour period.
[Amended 10-5-1998 by Ord. No. 128]
In addition to the forfeiture of the vehicle as earlier provided for
when not reclaimed within the aforementioned thirty-day period, any person
who violates or permits the violation of any provision of this chapter shall,
upon being found liable thereof in a criminal enforcement proceeding, pay
a fine of not more than $1,000, plus court costs and reasonable attorneys'
fees, and may be incarcerated for a period not exceeding 90 days for each
and every violation. Such fine, costs, attorneys' fees and incarceration,
after being reduced to a final, unappealed judgment, shall be enforced by
the Township pursuant to the applicable Rules of Criminal Procedure. Each
twenty-four-hour period during which failure to comply continues shall constitute
a separate violation. This remedy shall be in addition to any other lawful
remedies available to the Township.
[Added 10-5-1998 by Ord. No. 128]
As used in this chapter, the following terms shall have the meanings
indicated:
Any natural person, corporation, partnership, joint venture, sole
proprietorship, firm, association, and any other entity of whatever type.
