Words and phrases, when used in this article,
shall have the meanings ascribed to them in the Vehicle Code of Pennsylvania,
as now in force, or as hereafter amended, enacted or reenacted, except in those instances where the context clearly indicates
a different meaning. The singular shall include the plural, and the
masculine shall include the feminine.
The Chief of Police of the Township of Lower
Saucon or any other police officers who may be so designated from
time to time by the Chief of Police are hereby authorized to remove
and impound or to order the removal or impounding of any vehicle parked
on any of the streets, highways or public property of the Township
in violation of any of the provisions of the law or of any ordinance
of the Township, provided that no vehicle shall be removed or impounded
except in strict adherence to the provisions of this article.
Any persons or organization desiring to secure
approval from the Township as towing facilities or storage garages
in connection with the terms of this article shall make application
for such approval to the Township Manager or such other official designated
by the Council on a form on which shall be recorded the name, address,
experience, equipment and facilities of such applicant. Said application
shall also provide for information relative to the insurance coverage
of the applicant relative to any liability that may be incurred in
connection with the towing or storage of vehicles under the terms
of this article. The forms to be utilized in connection with this
article shall be devised by the Township Manager and provided by him
to any interested applicant. At the time any such application is submitted
to the Township Manager for approval, the applicant shall accompany
the same with proof of any insurance coverage recited in the application
to be in existence as of its date. Any such applicant shall also provide
with such application a good and sufficient surety bond in the amount
of at least $5,000, which bond shall be conditioned on no liability
resulting to the Township by reason of any acts or omissions of the
applicant in connection with his or its activities under the terms
of this article in the event that such applicant is approved.
The owner and/or persons in control of any vehicle
towed and/or stored under the terms of this article shall be liable
to the Township for the payment of a charge for towing and/or storing
of any such vehicle removed and impounded under the authority of this
article as follows:
A. For towing, the charge shall be the usual charge for
towing a vehicle from the place of removal to the location of storage
as is currently in force at the time such events take place, as approved
by the Police Chief.
B. For storage, the charge shall be the usual charge
for such service in the area, as approved by the Police Chief.
Notice of the fact that such vehicle has been
impounded shall be sent by the Police Department to the owner of record
of such vehicle. Such notice shall designate the place from which
said vehicle was removed, the reason for its removal and impounding
and the location in which it shall have been impounded.
The Police Department shall keep a record of
all vehicles impounded or towed by the Department 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 vehicles.
The payment of towing and storage charges shall
not relieve the owner or operator of any vehicle from liability for
any fine or penalty for the violation of any law or ordinance on account
of which said vehicle was removed and impounded.
No vehicle shall be removed under the authority
of this article if, at the time of the intended removal thereof, the
owner or person for the time being in charge of such vehicle is present
and expresses a willingness and intention to remove such vehicle immediately,
unless a police officer requires the removal for authorized purposes.