The Captain of Police of the Township is hereby
authorized to remove and impound or to order the removal and impounding
of any vehicle parked on any streets, highways or public property
in the Township in violation of any provision of the law or of any
ordinance of the Township, and any motor vehicle not bearing valid
registration tags for the current year; provided, however, that no
such vehicle shall be removed or impounded except in strict adherence
to the provisions of this article.
[Amended 2-1-1978 by Ord. No. 1458; 3-19-1980 by Ord. No.
1493; 3-18-1981 by Ord. No. 1493A; 2-26-2003 by Ord. No. 1836]
A.
The approved storage garages as pounds for the storage
of such impounded vehicles shall be set by the Board of Commissioners
from time to time by resolution.
B.
The approved storage garages for abandoned and junk
vehicles shall be set by the Board of Commissioners from time to time
by resolution.
Every such approved storage garage or pound
shall be bonded in the amount of $5,000 for the indemnifying of the
owner of every such impounded vehicle against the loss thereof, or
injury or damage thereto, while in custody of such poundkeeper.
[Amended 10-15-1986 by Ord. No. 1605]
The towing and storage charges to be collected
by every such poundkeeper shall be established by the Board of Commissioners
by an annual resolution based on the prevailing rates in the community.
Within 12 hours from the time of removal of
any vehicle under the authority granted by this article, notice of
the fact that such vehicle has been impounded shall be sent by the
Captain of Police of the Township to the owner of record of such vehicle.
Such notice shall designate the place from which such vehicle was
removed, the reason for its removal and impounding and the pound in
which it shall have been impounded.
A.
The payment of any towing and impounding 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.
B.
In the event that any towing and impounding charges
so imposed shall be paid under protest, the offender shall be entitled
to a hearing before a district justice or court of record having jurisdiction,
in which case such defendant shall be proceeded against and shall
receive such notice as is provided in the Vehicle Code in other cases
of summary offenses and shall have the same rights as to appeal and
waiver of hearing.
The Captain of Police shall keep a record of
all vehicles impounded and shall be able at all reasonable times to
furnish the owners or the agents of the owners thereof with information
as to the place of storage of such vehicles.
[Amended 8-17-1988 by Ord. No. 1632; 12-17-2003 by Ord. No.
1846]
The last registered owner of any vehicle incurring
towing and storage charges authorized by this article shall be in
addition to and not in place of the imposition of a fine and costs
for violation of any law or ordinance on account of which such vehicle
was removed and impounded.
A.
In the event that there is no current registration
on any impounded motor vehicle by which the owner of said vehicle
can be readily identified, the Police Clerk shall cause a notice to
be placed upon the official bulletin board of the Township, describing
the make, type, description, engine number and manufacturer's serial
number of such motor vehicle, the place where it was parked, and the
garage where the said motor vehicle is impounded; thereupon it shall
be the duty of the person in charge of the garage where the motor
vehicle of unknown ownership has been left for a period of 15 consecutive
days, without being removed by its owner or any other person duly
authorized to remove the same, to report the same to the Department
of Revenue of the Commonwealth of Pennsylvania within 24 hours of
the elapse of such fifteen-day period, giving the engine number, manufacturer's
serial number, registration plate number and the name and address
of the person abandoning same, if known.
B.
In the event that the Department of Revenue determines
that the vehicle is not valueless, the garage keeper may enforce his
lien as a garage keeper for storage of the motor vehicle. Valueless
motor vehicles, duly certified to as such by the Secretary of Revenue,
shall be destroyed as provided by the Act of April 29, 1959 P.L. 58,
Section 1223.[1]
[1]
Editor's Note: See 75 P.S. § 1223.
C.
Any person who parks any motor vehicle not licensed
under the Motor Vehicle Registration Law for the current year on the
streets, highways or public property of the Township of Ridley, in
addition to the payment of the towing and storage charges as herein
provided, shall, upon conviction, be sentenced to pay a fine of $10
and costs of prosecution, and, in default of the payment thereof,
shall undergo imprisonment for not more than 10 days.
