The Police Chief is hereby authorized to remove
and impound, or to order the removal or impounding, after giving five
days' prior notice, of any vehicle parked on any of the streets, highways
or public property of the Township in violation of any of the provisions
of the law or of any ordinance of the Township; provided that no vehicle
shall be removed or impounded except in strict adherence to the provisions
of this article.
The Board of Supervisors shall approve a garage.
Every such approved storage garage shall post
a bond, in the amount of $2,000, to be filed with the Township Manager,
for the indemnifying of the owner of any such impounded vehicle against
the loss thereof, or injury or damage thereto, while in the custody
of said poundkeeper.
The following are hereby fixed and established
as the charges that shall be made for the towing and storage of any
vehicle removed and impounded under the authority of this article.
The towing and storage charges shall be fixed by the Board of Supervisors
of the Township of Allegheny.
Within 12 hours from the time of the removal
of any vehicle under authority granted by this article, notice shall
be sent by the Police Chief of the Township to the owner of record
of such vehicle. Such notice shall designate the place from which
said vehicle was removed, the reason for its removal and impounding,
and the pound in which it shall have been impounded.
The payment of any towing and impounding charges
authorized by this article shall, unless such payment shall have been
made "under protest," be final and conclusive, and shall constitute
a waiver of any right to recover the money so paid.
In the event that any towing and impounding
charges so imposed shall be paid "under protest," the offender shall
be entitled to a hearing before a District Justice or court of record
having jurisdiction, in which case such defendant shall be proceeded
against and shall receive such notice as is provided by the Vehicle
Code[1] in other cases of summary offenses, and shall have the
same rights as to appeal and waiver of hearing.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101
et seq.
The Police Chief shall keep a record of all
vehicles impounded and shall be able at all reasonable times to furnish
the owners or agents of the owners thereof with information as to
the place of storage of such vehicles.
The payment of towing and storage charges shall
not operate to relieve the owner or operator of any vehicle from liability
for any fine or penalty for the violation of any law or ordinance
on account of which the said vehicle was removed and impounded.
No vehicle shall be removed under the authority
of this article if, at the time of the intended removal thereof, the
owner or person for the time being in charge of such vehicle is present
and expresses a willingness and intention to remove such vehicle immediately.
Any motor vehicle parked on any streets or alleys
of the Township of Allegheny that does not have a current license
or a current inspection sticker and/or is not in running condition
shall be subject to removal according to this article.
The provisions of this article, so far as they
are the same as those of ordinances and regulations in force immediately
prior to the enactment of this article, are intended as a continuation
of such ordinances and regulations and not as new enactments. The
provisions of this article shall not affect any act done or liability
incurred, nor shall they affect any suit or prosecution pending to
be instituted to enforce any right or penalty or to punish any offense
under the authority of any of these repealed ordinances and regulations.
