With respect to any street or highway within the physical boundaries
of Millcreek Township (as well as upon private property located therein
in certain instances), the reasonable exercise of police power requires
the implementation and enforcement of certain policies, procedures,
and regulations as may be necessary from time to time in response
to emergencies, vehicles parked overtime or otherwise illegally, special
conditions, and/or the orderly management of vehicular traffic and
all other circumstances allowed under Pennsylvania law. Implementation
of the foregoing shall be by directive from any Millcreek Township
police officer authorized to so act consistent with the terms as set
forth below.
A.
The Township shall have the authority, under the police powers granted
to it under the Second Class Township Code, to remove and impound
or to order the removal and impounding of vehicles as may be necessary
from time to time in response to emergencies, special conditions,
and/or the orderly management of vehicular traffic, provided that
no such vehicle shall be removed or impounded except in strict adherence
to the provisions of this Article.
B.
The Township shall have authority, pursuant to the Pennsylvania Vehicle
Code[1] and any other authority as provided by Pennsylvania law,
to remove and impound or to order the removal and impounding of any
vehicle parked in violation of any provision of this Chapter, provided
that no such vehicle shall be removed or impounded except in strict
adherence to the provisions of this Article.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
C.
The Township shall have the authority, pursuant to Chapter 40, Article IV, § 40-22 of the Millcreek Township Code, to remove vehicles abandoned or parked in violation of the Township's Weather Events Regulations Ordinance, provided that no such vehicle shall be removed or impounded except in strict adherence to the provisions of this Article and § 40-22.
Removal and storage of vehicles under this Article by order
of the Millcreek Township Police shall be done only by approved removal
and storage companies approved by the Township Chief of Police ("approved
companies"). In order to obtain approval, a removal and storage company
shall submit a written request for approval to the Chief of Police
in accordance with the requirements set forth in the Rules and Regulations
governing removal and storage of vehicles. Periodically, the Board
of Supervisors shall establish the maximum rates that approved companies
may charge for removal and storage of vehicles under this Section,
and those charges shall not be exceeded by the approved companies;
no different schedule of charges shall be demanded of or collected
from any person whose vehicle is removed or impounded under this section
by any approved company. The Chief of Police may remove from its list
of approved companies any company that makes any unapproved charge
in connection with any vehicle removed or impounded under this Article.
The Millcreek Township Chief of Police shall regulate removal
and storage activities through promulgation of rules and regulations
("Rules and Regulations") as are necessary to establish the qualifications
to become an Approved Company and for the efficient operation of the
Approved Companies, recommended in writing, from time to time, to
the Board of Supervisors, and thereafter approved by resolution of
the Board of Supervisors. Furthermore, the Chief or his designee shall
conduct annual unannounced inventories and inspections of the physical
plants of the Approved Companies to insure compliance with the laws
of the Commonwealth and Township ordinances, as well as any applicable
policies and procedures, including the Rules and Regulations. The
Chief or his designee shall make written reports of such inspections
and inventories in an expeditious manner and keep said reports on
file. The Chief shall ensure that noncriminal complaints against Approved
Companies are investigated and that a copy of the results of the investigation
are maintained in the historical file of each Approved Company available
upon request by the Board of Supervisors. Complaints of criminal misconduct
involving Approved Companies shall be investigated by the Millcreek
Township Police Department as a matter of standard operational procedures.
A.
If a vehicle is removed during a non-holiday week day between the
hours of 8:00 a.m. Monday and 12:00 midnight Thursday, notice of the
fact that the vehicle was removed shall be sent by the Township to
the owner of record of the vehicle within 12 hours from the time of
removal of any vehicle under authority granted by this Article. The
notice shall designate the place from which the vehicle was removed,
the reason for its removal and impounding, and the Approved Company
where it was impounded.
B.
If a vehicle is removed during a holiday week day, or after 12:00
midnight on Thursday through 11:59 p.m. Sunday, notice of the fact
that the vehicle was removed shall be sent by the Township to the
owner of record of the vehicle by 4:00 p.m. on the first Township
business day following this time period or a holiday following the
removal of any vehicle under authority granted by this Article. The
notice shall designate the place from which the vehicle was removed,
the reason for its removal and impounding, and the Approved Company
where it was impounded.
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
removed and 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, prior to the Millcreek Police requesting an Approved Company remove
a vehicle, 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.
