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, or
in metered and unmetered parking lots in the Township, in violation
of any provision 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 §
462-26 of this article and 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 Police Chief. Every such garage
shall submit evidence to the Police Chief that it is bonded or has
acquired liability insurance in an amount satisfactory to the Police
Chief 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 Police Chief its schedule of charges for towing
and storage of vehicles under this article, and when the schedule
is approved by the Police Chief, those charges shall be adhered to
by the approved storage garage. No different schedule of charges shall
be adopted without approval of the Police Chief, 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 Police Chief 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 Judge. 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.