This article is enacted under authority of the
Vehicle Code [75 P.S. § 6109(a-22)], and gives authority
to the Township to remove and impound those vehicles which are parked
in a tow-away zone and in violation of the parking violations of this
article. Vehicles which have been abandoned (as defined by the Vehicle
Code) or which are disabled or parked in a manner as to interfere
with traffic or which pose a hazard to others may be towed under the
provisions of the Pennsylvania Vehicle Code.
The Township shall have the authority to remove and impound or to order the removal or impounding of any vehicle parked illegally; provided, that the circumstances of its parking were within the conditions stated in § 265-75. Provided, no such vehicle shall be removed or impounded, except in strict adherence to the provisions of this section, or the provisions of the Pennsylvania Vehicle Code.
[Amended 2-14-2002 by Ord. No. 02-3]
The following designated streets are hereby
established as tow-away zones. Signs shall be posted to place the
public on notice that their vehicles may be towed for violation of
the Township parking regulations:
|
Street
|
Side
|
Between
|
|---|---|---|
|
Buck Road
|
Both
|
Entire length
|
|
Haywood Road
|
Both
|
Gravel Pike (Route 29) to and including the
cul-de-sac
|
|
Locust Lane
|
Both
|
Haywood Road to and including the cul-de-sac
|
|
Perkiomen Avenue
|
Both
|
Entire length
|
|
Rockhill Road
|
Both
|
Perkiomenville Road to and including the cul-de-sac
|
A.
Removal and impounding of vehicles under this article
shall be done only by towers previously approved by the Upper Frederick
Township Board of Supervisors. Every tower shall have a bond or liability
insurance sufficient to indemnify owners of impounded vehicles against
loss or damage to those vehicles in their custody in an amount satisfactory
to the Upper Frederick Township Board of Supervisors. The approved
tower shall charge for towing and storage of vehicles in accordance
with the schedule of charges fixed by the Board of Supervisors and
no different charges shall be demanded or collected from any person
whose vehicle is removed or impounded under this article. The Upper
Frederick Township Board of Supervisors shall revoke the approval
of or delete from its list of approved towers any tower that makes
an unapproved charge in connection with any vehicle removed or impounded
under this article.
B.
Each approved tower shall retain separate and secure
storage facilities for impounding, with a minimum capacity to accommodate
four average size passenger vehicles or light trucks. The storage
garage of an approved tower shall be inspected annually by a designated
officer or agent of Upper Frederick Township to determine that the
tower has the necessary equipment and storage facilities required
by this article and regulations promulgated thereunder.
The payment of towing and storage charges shall
not relieve the owner or driver of any vehicle from liability for
any fine or penalty for the violation of the provisions of this article
for which the vehicle was removed or impounded.
In order to reclaim his or her vehicle, the
owner shall pay towing and storage costs, plus a fee of $25, of which
$10 shall be transferred to the Pennsylvania Department of Transportation
by the garage to which the vehicle was taken.
The Township 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 the agents of the owners
of those vehicles with information as to the place of storage of the
vehicle.
No vehicles shall be removed under the authority
of this article or the Vehicle Code 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.
[Added 3-13-2003 by Ord. No. 03-01;
amended 11-18-2010 by Ord. No. 2010-05]
The provisions of this article, and the provisions
of Section 7303.1 (75 P.S. § 7303.1 et seq.) of the Pennsylvania
Motor Vehicle Code pertaining to the removal of abandoned vehicles,
shall be enforced by the police officers of the Township of Upper
Frederick. In the absence of a police officer for Upper Frederick
Township, the Township Road Foreman of Upper Frederick Township is
authorized to take all action necessary to enforce the provisions
of this article and the provisions of Section 7303.1 (75 P.S. § 7303.1
et seq.) of the Pennsylvania Motor Vehicle Code pertaining to the
removal of abandoned vehicles.
