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Township of Maidencreek, PA
Berks County
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Table of Contents
Table of Contents
This article is enacted under authority of Section 6109(a)(22) of the Vehicle Code,[1] and gives the Township the authority to remove and impound vehicles which are parked in violation of any provision of Article I or Article IV of this chapter.
[1]
Editor's Note: See 75 Pa.C.S.A. § 6109(a)(22).
The Township shall have authority to remove and impound, or order the removal and impounding, of any vehicle parked illegally, provided that the circumstances of its parking were within the conditions stated in § 204-18 of this article. Provided: no such vehicle shall be removed or impounded except in strict adherence to the provisions of this article.
Removal and impounding of vehicles under this article shall only be done by approved storage garages that shall be designated from time to time by the Board of Supervisors. Every such garage shall submit evidence to the Board that it is bonded sufficient to indemnify owners of impounded vehicles against loss or damage to those vehicles while in the custody of the garage keeper for the purpose of towing or storage. The approved storage garage shall submit to the Board its schedule of charges for towing and storage of vehicles under this article, and, when the schedule is approved by the Board, those charges shall be adhered to by the approved storage garage; no different schedule of charges shall be adopted without approval of the Board, and no different charges shall be demanded or collected from any person whose vehicle is removed or impounded under this article by any approved storage garage. The Board shall delete from its list of approved storage garages any garage that makes any unapproved charge in connection with any vehicle removed or impounded under this article.
Within 12 hours from the time of removal of any vehicle under authority granted by this article, notice of the fact that the vehicle was removed shall be sent by the Police Department to the owner of record of the vehicle. The notice shall designate the place from which the vehicle was removed, the reason for its removal and impounding, and the garage in which it was impounded.
The payment of any towing and storage charges authorized by this article shall, unless payment is made under protest, be final and conclusive, and constitute a waiver of any right to recover the money so paid. If payment is made under protest, the offender shall be entitled to a hearing before a Magisterial District Judge. Payment of towing and storage charges shall not relieve the owner or driver of any vehicle from liability for any fine or penalty for violation of the provisions of this chapter for which the vehicle was removed or impounded.
The Police Department shall cause a record to be kept of all vehicles impounded under this article and shall be able at all reasonable times to furnish the owners or agents of the owners of those vehicles with information as to the place of storage of the vehicles.
No vehicle shall be removed under the authority of this article if, at the time of the intended removal, 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.