[HISTORY: Adopted by the Board of Commissioners of the Township of Shaler 4-13-1993 by Ord. No. 1691. Amendments noted where applicable.]
The following words and phrases, when used in this chapter, shall have the meanings given to them in this section unless the context clearly indicates otherwise:
- Motor vehicles or parts of motor vehicles or other vehicles which are contraband, the fruits of a crime, things otherwise criminally possessed, property which is or has been used as the means of committing a criminal offense or property which constitutes evidence of the commission of a criminal offense.
- EVIDENCE STORAGE FEE
- The daily charge imposed under this chapter for the storage and protection of a motor vehicle or other vehicles while in the custody of the Shaler Township Police Department.
- LAWFULLY SEIZED
- Evidence which is seized upon process issued by any court having jurisdiction or when there is probable cause to believe that the property seized constitutes evidence.
- MOTOR VEHICLE
- Any motor vehicle, motorcycle, truck, trailer, camper, house trailer, mobile home, motor home, motorized pedalcycle, semitrailer or part thereof, upon or by which any person or property is or may be transported or drawn upon a highway, which constitutes evidence.
- OTHER VEHICLES
- All other conveyances, including aircraft, boats or vessels, which are used or are intended for use to transport or, in any manner, to facilitate the transportation of persons or property, which constitutes evidence, except common carriers.
- A person, including a lienholder, having the property right in or title to a motor vehicle or other vehicle. The term includes a person entitled to the use and possession of a motor vehicle or other vehicle subject to a security interest in another person.
After the effective date of this chapter, there is hereby imposed upon the owner of any lawfully confiscated or seized motor vehicle or other vehicle an evidence storage fee of $8 per day, for each and every day that the motor vehicle or other vehicle is stored or remains in the custody of the Shaler Township Police Department, as calculated in § 215-4 of this chapter. The Board of Commissioners may, from time to time by resolution, either increase or decrease said fee.
The evidence storage fee imposed under the chapter shall be computed as to exclude the first day of storage and include the last day of such period.
The Township shall have a lien upon all motor vehicles or other vehicles for storage of said evidence prior to sale or other disposition thereof. The lien shall attach as of the date the evidence was seized or confiscated.
The Chief of the Shaler Township Police Department or, in his absence, the Acting Chief is hereby authorized to waive, in whole or in part, the daily evidence storage fee required hereunder when forfeiture of the evidence occurs pursuant to federal or state law.
It shall be unlawful for any member of the Shaler Township Police Department to release from the custody of the Shaler Police Department, except as provided in § 215-5 hereof, any motor vehicle or other vehicle lawfully confiscated or seized without the payment of the evidence storage fee mandated by this chapter. For each and every violation of the provisions of this chapter, any person or persons, firm, partnership or corporation violating any of the provisions of this chapter shall constitute a summary offense and, upon conviction thereof, be sentenced to pay of fine of not less than $50 nor more than $300.