[Amended 11-13-1995 by Ord. No. 263]
Police officers are hereby authorized to remove
or arrange for removal of abandoned, wrecked or illegally parked vehicles
or cargo from roads or other public places in the Township if the
owner or operator is unavailable or refuses, fails or is unable to
have the vehicle or cargo removed within a reasonable time. In such
event, the police officer shall arrange for towing and impounding
of the vehicle and/or cargo in accordance with the provisions of this
article hereinafter set forth.
The Board of Commissioners of the Township from
time to time shall designate one or more approved towers and storage
garages or lots to be used for the towing and impounding of abandoned,
wrecked or illegally parked vehicles and/or cargo. Every such tower
and garage or lot shall conform to the requirements set forth in the
Vehicle Code and in this article, and shall be available 24 hours
per day.
[Amended 3-11-1996 by Ord. No. 268]
A.
Every tower and storage garage or lot designated under § 330-40 shall:
(1)
Post an indemnity bond with the Township or, in the
alternative, provide the Township with evidence of current liability
insurance, against liability for loss of or injury or damage to any
towed or impounded vehicle and/or cargo while in the custody of the
tower or storage garage or lot.
(2)
Provide the Township with evidence of current liability
insurance against liability for bodily injury (including death) to
person or persons and/or damage to property resulting from or connected
with any action taken or not taken by the tower and/or storage garage
or lot in its capacity as such designated tower and/or storage garage
or lot.
B.
The surety on the bond and the insurers providing the insurance under Subsection A, as well as the evidence of such insurance to be provided thereunder, shall be satisfactory to and subject to prior approval of the Board of Commissioners.
C.
The amounts, coverages, limits and other provisions of the bond, insurance, indemnification and defense agreement and evidence of insurance to be posted, provided and executed and delivered under Subsection A, including the indemnities, sureties, insurers and insureds thereunder, shall be in accordance with such requirements as shall be prescribed and established from time to time by resolution of the Board of Commissioners.
The rate for the towing and impounding of abandoned, wrecked and illegally parked vehicles and/or cargo shall be in accordance with a schedule of rates approved by the Board of Commissioners. All towing and impounding charges shall be paid by the owner or operator of the vehicle towed or impounded. Neither the Township nor the Township Police Department shall have any liability or responsibility therefor, and every tower and storage garage or lot, designated under § 330-40, shall agree to indemnify and hold the Township harmless therefrom. Every such tower and storage garage and lot shall dispose of abandoned vehicles at its expense through an authorized salvor with the consent of the Township Police Department in accordance with Chapter 73 of the Vehicle Code, 75 Pa.C.S.A. § 7301 et seq.
The payment of any towing and impoundment charges
authorized by this article, unless such payment is made "under protest,"
shall be final and conclusive, and shall constitute the waiver of
any right to recover the money so paid.
In the event that any towing and impounding
charges authorized by this article are paid "under protest," the payer
shall be entitled to a hearing before the District Justice or other
court having jurisdiction for a determination of whether or not the
charges are lawful and proper.
The vehicles covered by and subject to this
article are as follows:
A.
Abandoned vehicles located on roads or other public
places.
B.
Vehicles removed in conjunction with enforcement of
the Vehicle Code or this chapter.
C.
Vehicles impounded by the police in conjunction with
an arrest or an investigation.
D.
Vehicles removed from roads or other public places
in the Township for reasons of public safety.
The Township Police Department shall keep a
record of all vehicles impounded and, upon request, shall furnish
information concerning the place of impounding.
The payment of towing and/or impounding charges
shall not operate to relieve the owner or operator of any vehicle
from liability for any fine or penalty for the violation of any law
or ordinance.
No vehicle and/or cargo shall be removed under
the authority of this article if the owner or person for the time
being in charge of such vehicle and/or cargo is present, willing and
able to remove such vehicle and/or cargo immediately.
Police officers, towers and impounders shall
comply with Chapter 73, "Abandoned Vehicles and Cargo," of the Vehicle
Code, 75 Pa.C.S.A. § 7301 et seq.
Any person who violates any of the provisions
of this article shall, upon conviction thereof and in addition to
any other charges or penalties imposed by this article, be sentenced
to a fine of not less than $100 nor more than $600 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. In addition, any person who violates any of
the provisions of this article shall, upon a second conviction thereof
and in addition to any other charges or penalties imposed by this
article, be no longer designated as an approved tower and storage
garage or lot to be used for towing and impounding of abandoned, wrecked
or illegally parked vehicles and/or cargo.
