The Police Department of the Township is hereby
authorized to remove and impound, or to order the removal and impoundment
of any vehicle parked upon any street, alley, highway or public property
in the Township in violation of any provision of the law or of any
ordinance of the Township; provided that no vehicle shall be removed
for overtime parking.
The Board of Supervisors shall have authority
to designate, from time to time, one or more garages as approved storage
garages, to serve as a pound for the storage of such impounded vehicles.
Every such approved storage garage shall have
authority to charge the owner of record of every such impounded vehicle
the towing and storage charges that shall be fixed and approved by
resolution of the Board of Supervisors.
Every such approved storage garage shall furnish
a bond in an adequate amount as shall be fixed by the Board of Supervisors,
for the indemnifying of the owner of any such impounded vehicle against
the loss thereof, or injury or damage thereto, while in the custody
of the keeper of the pound.
A.
Within 48 hours from the time of removal of any vehicle
under authority granted by this article, notice of the fact that such
vehicle has been impounded shall be sent by the Pennsylvania Department
of Transportation to the owner of record of such vehicle and all lienholders
of record. Such notice shall include the make, model, title number,
vehicle identification number and registration plate number if known,
the location the vehicle is held, notification of the right to reclaim
said vehicle within 30 days after the date of the notice upon payment
of the applicable towing and storage charges and notification that
failure to reclaim said vehicle is deemed consent to the disposition
of the vehicle and of all lienholders to dissolution of their laws.[1]
B.
If the identity of the last registered owner and of
all lienholders cannot be determined with reasonable certainty, the
contents of the notice set forth above shall be published one time
in one newspaper, of general circulation in the area where the vehicle
was abandoned. Notice by publication shall be the responsibility of
the storage garage.
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.
In the event that any towing and impounding
charges, authorized by this article, 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 the defendant
shall be proceeded against and shall receive such notice as is provided
for by the Vehicle Code,[1] in other cases of summary offenses, and shall have the
same rights as to appeal and waiver of hearing.
[1]
NOTE: 75 P.S. §§ 101-9701 (1977),
as hereafter amended, supplemented, modified or reenacted by the General
Assembly of Pennsylvania.
The Police Department shall keep a record of
all vehicles impounded, and it shall be able at all reasonable times
to furnish the owners or agents of the owners thereof, information
as to the place of storage of such vehicles.
The payment of towing and storage charges shall
not operate to 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 such 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.
