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.
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.
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.