Township of Nether Providence, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Nether Providence at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, rubbish and refuse — See Ch. 149.
Property maintenance — See Ch. 199.
Vehicles and traffic — See Ch. 243.
A. 
No person shall leave parked or abandon upon any street, highway or other public property within the township any vehicle not capable of being moved under its own power or with a deflated tire or tires or without a tire or not bearing a current license tag or otherwise parked in violation of any township ordinance or of the provisions of any Act of Assembly.
B. 
No person shall leave a vehicle so parked upon any street, highway or other public property within the township as to constitute a safety hazard or to obstruct or interfere with the orderly, effective and adequate cleaning of such street or other public property or with the removal of snow therefrom.
The Board of Commissioners shall, by resolution duly adopted, approve and designate suitable storage garages as pounds for the storage of impounded vehicles. No such pound shall be approved and designated by the Board unless the owner or operator thereof shall furnish the township with bond in the sum of five thousand dollars ($5,000.), in form and with corporate surety to be approved by the Township Solicitor, conditioned upon the faithful performance and discharge by the poundkeeper of his duties as bailee of impounded vehicles and for the indemnification of the owners of such vehicles against the loss thereof or injury or damage thereto while in the custody of such poundkeeper.
Whenever a vehicle is found parked in violation hereof, the Police Department may remove such vehicle or cause it to be removed in accordance with state law unless, at the time of such intended removal, the owner or person for the time being in charge of such vehicle is present and expresses a willingness and intention to remove it immediately.
Within twelve (12) hours from the time of removal of such vehicle, written notice of the fact that such vehicle has been impounded shall be sent by the Police Department to the owner of record of such vehicle, designating the place from which the vehicle was removed, the reason for its removal and impounding and the pound in which it has been impounded. No such written notification shall be required when the owner or legal custodian of the vehicle was present at the time of said removal.
A. 
No person shall be permitted to remove from any approved pound any vehicle impounded under the provisions of this chapter unless such person:
(1) 
Furnishes satisfactory evidence of his identity and ownership of the vehicle or of his right to the possession thereof.
(2) 
Pays all charges for towing and storage in accordance with the schedule established by resolution adopted and approved by the Board of Commissioners.
B. 
Unless such charges are paid under protest, the payment thereof shall be final and conclusive and shall constitute a waiver of any right to recover the money so paid. If payment is made under protest, however, the offender shall be entitled to a hearing before a District Justice or court of competent jurisdiction, in which case the defendant shall be proceeded against in accordance with the requirement of the Pennsylvania Vehicle Code as in other cases of summary offense.
The person in charge of any approved storage pound in which an impounded vehicle has been left for a period of fifteen (15) consecutive days without being duly removed by its owner or any other person duly authorized to remove it shall report, in writing, to the Department of Revenue of the Commonwealth within twenty-four (24) hours after the elapse of such fifteen-day period, giving the name, engine number, manufacturer's serial number, registration plate number, and the name and address of the person abandoning the vehicle, if known.
The Police Department shall, in all such cases, keep a record of the following:
A. 
The name and address of the owner of the vehicle impounded.
B. 
The name and address of the person claiming such vehicle.
C. 
The license number and such information as may identify the vehicle in each instance.
D. 
The circumstances leading to the impounding of the vehicle.
E. 
The violation of law on account of which the vehicle was impounded.
F. 
The final disposition of the case.
Nothing in this chapter is intended to prohibit the Police Department from instituting legal proceedings against the owner or driver of any vehicle charged with the violation of any other ordinance or Act of Assembly.
Any person violating any of the provisions of this chapter shall be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and Penalties, Section 1-17, Other violations.