[Added 8-15-1998 by Ord. No. 8-88; amended 4-15-1999 by Ord. No. 6-99]
This article is enacted under the authority
of § 6109(a)(22) of the Pennsylvania Motor Vehicle Code
("Motor Vehicle Code"), 75 Pa.C.S.A. § 6109(a)(22), which
presumes the following to be a reasonable exercise of local authority
police power: "providing for and establishing procedures governing
the removal and impounding of any vehicle parked on the highways or
public property of the local authority in violation of any local ordinance
adopted pursuant to the authority of this Title or of any of the provisions
of this Title." This article is also enacted under the authority of
§ 3353(c) of the Motor Vehicle Code, 75 Pa.C.S.A. § 3353(c),
"providing that any Township may, by ordinance, provide for rates
to be charged for removal of vehicles and for municipal regulation
of authorized towing services." This article is also enacted to regulate
removal and/or impoundment of vehicles by the Township of Bethlehem
where such removal and/or impoundment is authorized by any provision
of the Motor Vehicle Code including, but not limited to, the provisions
of § 3352, Removal of vehicle by or at direction of police,
of the Motor Vehicle Code, and Removal of vehicles and spilled cargo
from roadway, 75 Pa.C.S.A. § 7310.
The Township of Bethlehem shall have authority
to order and direct the removal and/or impoundment of vehicles and
to remove and/or impound vehicles, whenever such removal and/or impoundment
is authorized by the Motor Vehicle Code, by this article or by any
other law or ordinance. Nothing contained herein shall be deemed to
authorize the garaging and/or impoundment of any motor vehicle where,
under the provisions of the Motor Vehicle Code, authority is granted
only for the movement of a motor vehicle to a point or place off the
roadway but not to a garage or other place of safety.
The following are hereby designated as tow away
zones and the Township of Bethlehem shall have authority to order
and direct the removal and/or impoundment of vehicles and to remove
and/or impound vehicles from such zones:
A.
All places where stopping, standing or parking of
vehicles is prohibited by § 3353 of the Motor Vehicle Code,
75 Pa.C.S.A. § 3353 (except for overtime parking).
B.
The following places, streets or portions thereof where and when stopping, standing or parking is prohibited or restricted pursuant to Article IV, General Parking , of this chapter; provided, that official traffic-control and tow-away zone signs complying with applicable regulations of the Pennsylvania Department of Transportation and designating the same as tow-away zones are erected:
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C.
All streets or portions thereof designated, from time to time, as snow emergency routes pursuant to Article VII, Snow Emergencies, of this chapter; provided, that official traffic-control and tow away zone signs complying with applicable regulations of the Pennsylvania Department of Transportation and designating the same as tow away zones are erected.
No vehicle shall be removed and/or impounded under the authority of § 252-30 of this article if, at the time of the intended removal, the owner, operator or other person then in charge of the vehicle is present, expresses a willingness and intention to remove the vehicle immediately and in fact removes or causes the vehicle to be immediately removed.
Vehicles ordered and directed to be removed
and/or impounded under the authority of this article shall be removed
and/or impounded only by a towing and storage garage which has been
approved by the Board of Commissioners. Each approved towing and storage
garage shall comply at all times with all of the following minimum
requirements:
A.
Each such garage shall provide evidence of such bonds
and/or insurance in such amount or amounts and such time or times
as deemed necessary or desirable by the Board of Commissioners to
indemnify the owners of vehicles removed and/or impounded against
loss or damage to such vehicles while in the custody of such garage.
B.
Each such garage shall submit a schedule of fees for
towing and/or storage for approval by the Board of Commissioners and
shall not charge, attempt to charge or collect any fee except as approved
by the Board of Commissioners. The Bethlehem Township Chief of Police
shall post, in a conspicuous public place in the offices of the Bethlehem
Township Police Department, each approved schedule of fees. The Board
of Commissioners shall have authority to impose, by resolution, such
additional requirements for approval of towing and storage garages
as the Board of Commissioners may deem necessary or desirable, from
time to time.
If at any time the Board of Commissioners finds,
after such notice and hearing as may be required by law, that any
towing and storage garage:
A.
Does not comply or no longer complies with the requirements for approval established in § 252-32 of this article or by resolution of the Board of Commissioners.
B.
Has violated any provision of this article or any
other legal requirement or duty imposed on such garage.
C.
Has violated or breached any agreement with the Township
of Bethlehem, then in such event or events the Board of Commissioners
shall have the authority to revoke the approval of such garage.
A.
The Bethlehem Township Police Department and the towing
and storage garage shall create and maintain a written record for
each vehicle removed and/or impounded under the authority of this
article, the Motor Vehicle Code or other applicable law, which record
shall contain the following minimum information:
(1)
The location from which the vehicle was removed and/or
impounded.
(2)
The date and time the vehicle was removed and/or impounded.
(3)
The location to which the vehicle was removed and/or
impounded.
(4)
The reason for removal and/or impounding the vehicle.
(5)
To the extent available the year, make and model of
the vehicle.
(6)
To the extent available, the registration plate information,
the certification of inspection information and the federal vehicle
identification number.
(7)
A copy of any notice to the owner required by this
article, the Motor Vehicle Code and any other law or ordinance requiring
notice to the owner.
B.
The record shall be retained for a period of one year from the date of removal and/or impoundment, unless a longer period is required by the Retention and Disposition Schedule for Records of Pennsylvania Municipalities issued pursuant to the requirements of the Pennsylvania Municipal Records Act, 53 P.S. § 9001 et seq. and Title 46, Part 1, Chapter 15 of the Pennsylvania Code, by the Local Government Records Committee of the Historical and Museum Commission, Division of Archival Records Management Services or by other applicable law, in which case such records shall be retained for such longer period. The record of any removed and/or impounded vehicle shall be made available at all reasonable time to any owner or lien holder of such vehicle.
Within 24 hours of the removal and/or impoundment of a vehicle under the authority of § 252-30 of this article, the Bethlehem Township Police Department shall send written notice thereof to the owner of the vehicle. Such notice shall set forth the following information:
The Bethlehem Township Police Department shall
direct the removal of motor vehicles which are abandoned within the
meaning of the phrase in § 102 of the Motor Vehicle Code,
75 Pa.C.S.A. § 102, only to a salvor authorized by the Pennsylvania
Department of Transportation pursuant to the provisions of Chapter
73, Abandoned Vehicles and Cargo, of the Motor Vehicle Code.
The Bethlehem Township Police Department shall
give such notice to the owners of abandoned vehicles as defined in
§ 102 of the Motor Vehicle Code, 75 Pa.C.S.A. § 102,
prior to removal and/or impoundment thereof, pursuant to the requirements
of § 3352(d) of the Motor Vehicle Code, 75 Pa.C.S.A. § 3353(d)
and any other applicable law.
Unless protest to the imposition of towing,
storage and/or reclamation costs is made in writing at the time of
payment, such payment shall be final, conclusive and uncontestable
and shall constitute a waiver of any right to recover such payment.
Such payment shall not relieve the owner or operator of the vehicle
from liability for any fine or penalty imposed as a result of any
violation of this chapter or the Motor Vehicle Code or any other law
or ordinance pursuant to which such vehicle was removed and/or impounded.
It shall be unlawful for any towing and storage
garage to charge, attempt to charge or collect any fee for any service
rendered under the authority of this article except as approved by
the Board of Commissioners. Any person who shall violate the provisions
of this article shall, upon conviction therefor, be sentenced to pay
a fine of $300 and costs and, in default of payment of such fine,
to a term of imprisonment not to exceed 30 days.
