This article is enacted under authority of Section 6109(a)(22) of the Vehicle Code and gives authority to the Township to remove and impound vehicles that are parked overtime on any street in the Township in violation of any provision of Article
I, Article
II or Article
III of this chapter.
The Township shall have authority to remove and impound, or to order the removal and impounding, of any vehicle parked overtime or otherwise illegally, provided that the circumstances of its parking were within the conditions stated in §
212-28 of this article, and provided that no such vehicle shall be removed or impounded except in strict adherence to the provisions of this article.
Impounding of vehicles under this article shall be done only
by approved storage garages that shall be designated from time to
time by the Board of Commissioners. Every such garage shall submit
evidence to the Board of Commissioners that it is bonded or has acquired
liability insurance in an amount satisfactory to the Board of Commissioners
as sufficient to indemnify owners of impounded vehicles against loss
or damage to those vehicles while in the custody of the garage keeper
for the purpose of towing or storage. The approved storage garage
shall submit to the Board of Commissioners its schedule of charges
under this article, and when the schedule is approved by the Board
of Commissioners, those charges shall be adhered to by the approved
storage garage. No different schedule of charges shall be adopted
without approval of the Board of Commissioners, and no different charges
shall be demanded of or collected from any person whose vehicle is
removed or impounded under this article by any approved storage garage.
The Board of Commissioners shall delete from its list of approved
storage garages any garage that makes any unapproved charge in connection
with any vehicle removed or impounded under this article.
Within 12 hours from the time of removal of any vehicle under
authority granted by this article, notice of the fact that the vehicle
was removed shall be sent by the Township to the owner of record of
the vehicle. The notice shall designate the place from which the vehicle
was removed, the reason for its removal and impounding, and the garage
in which it was impounded.
The payment of any towing and storage charges authorized by
this article shall, unless payment is made under protest, be final
and conclusive and shall constitute a waiver of any right to recover
the money so paid. If payment of any towing or storage charges is
made under protest, the offender shall be entitled to a hearing before
a Magisterial District Court. Payment of towing and storage charges
shall not relieve the owner or driver of any vehicle from liability
for any fine or penalty for the violation of the provision of this
chapter for which the vehicle was removed or impounded.
The Township shall cause a record to be kept of all vehicles
impounded under this article and shall be able at all reasonable times
to furnish the owners or the agents of the owners of those vehicles
with information as to the place of storage of the vehicle.
No vehicle shall be removed under the authority of this article
if, at the time of the intended removal, the owner or the person for
the time being in charge of the vehicle is present and expresses a
willingness and intention to remove the vehicle immediately.