This article is enacted under authority of Section
6109(a)(22) of the Vehicle Code[1] and gives authority to the Township to remove and impound
vehicles that are parked on any street within the Township in violation
of any provision of this chapter.
[1]
Editor's Note: See 75 Pa C.S.A. § 6109(a)(22).
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 no such vehicle
shall be removed or impounded except in strict adherence to the provisions
of this article.
Removal and 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 Supervisors. Every
such garage shall submit evidence to the Board of Supervisors that
it is bonded or has acquired liability insurance in an amount satisfactory
to the Board of Supervisors as sufficient to indemnify owners of impounded
vehicles against loss or damage to those vehicles while in the custody
of the garagekeeper for the purpose of towing or storage. The approved
storage garage shall submit to the Board of Supervisors its schedule
of charges for towing and storage of vehicles under this article,
and when the schedule is approved by the Board of Supervisors, 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 Supervisors, 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 Supervisors 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.
The appropriate law enforcement officer shall
give immediate notice by the most expeditious means and by certified
mail, return receipt requested, of the impoundment and location of
the vehicle or combination to the owner of the vehicle or combination
and the owner of the load and any lien holders if the names and addresses
of the owner and any lien holder are known or can be ascertained by
investigation.
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 District Justice. 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.
