[HISTORY: Adopted by the Board of Commissioners
of the Township of Nether Providence 12-10-1992 as Ord. No. 581. Amendments noted where applicable.]
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 $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 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:
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 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 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.
