The provisions of this chapter are enacted pursuant to the provisions
of Section 6109(a)(22) of the Pennsylvania Motor Vehicles Code, authorizing the removal and impounding of vehicles parked
on the streets or highways or public property of the Township in violation
of any local ordinances or the provisions of the Pennsylvania Motor
Vehicle Code or which have been abandoned (as defined by the Vehicle
Code) or which are parked in such a manner as to interfere with traffic
or pose a hazard to others.
The Township, acting through the Township Police Department, or its authorized employees, shall have the authority to remove and impound or order the removal and impounding of any vehicle parked, stopped or standing as hereinabove described in §
439-1.
Tow-away zones shall be designated by appropriate permanent
or temporary signs setting forth that the parking or stopping area
has been designated a tow-away zone. Vehicles which have been abandoned
or parked or stopped in such a manner as to interfere with traffic
or pose a hazard to others are subject to removal and impoundment
whether or not the location is designated as a tow-away zone.
The removal and impounding of vehicles pursuant to this chapter
shall be by approved storage facilities (facilities) only. Such facilities
shall be designated from time to time by resolution adopted by the
Board of Supervisors. Every such facility shall submit evidence to
the Township that it is bonded or has liability insurance in an amount
satisfactory to the Supervisors as sufficient to indemnify owners
of impounded vehicles against loss or damage to those vehicles while
in the custody of the facility for the purpose of towing or storage.
Every approved storage facility shall submit to the Supervisors a
schedule of charges for towing and storage of vehicles pursuant to
this chapter. Upon approval by the Board of Supervisors, such charges
shall be adhered to by the storage facility and no additional charges
shall be demanded or collected from any person whose vehicle has been
removed or impounded under this chapter until such new charges are
approved by the Supervisors. Any person or entity violating this provision
is subject to removal as an approved facility.
The payment of towing and/or storage charges shall not relieve
the person responsible for the subject vehicle from liability for
the payment of any fine or penalty for the violation of the provisions
of this chapter.
The Township shall cause a record to be kept of all vehicles
removed or impounded under this chapter. Such records shall be reasonably
available to the persons claiming responsibility for such vehicle
and shall specify the location of the impounded vehicle.
After a period of 15 days, if any vehicle in storage pursuant
to the provisions of this chapter remains unclaimed, a report shall
be filed with the Pennsylvania Department of Transportation as provided
in Section 7311 of the Pennsylvania Motor Vehicle Code by the person or entity having custody of the vehicle
at that time. In the event the subject vehicle has not been claimed
after 30 days, such vehicle may be transferred to a licensed salvager,
who will then be responsible for complying with the requirements of
the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 101
et seq., as amended.