[HISTORY: Adopted by the Borough Council of the Borough of
Green Tree 9-25-1961 by Ord. No. 628 (Ch. 424 of the 1982 Code). Amendments
noted where applicable.]
The removal and impounding of any vehicle parked on the streets, highways or public property of the Borough in violation of Chapters 220, 316, 325 and 402 of the Code, when directed and done by the Police Department or by the owner of an approved garage, as specified in § 316-2, or such owner's servants, agents and employees, when directed to do so by the Mayor or a police officer, is hereby authorized.
All public garages now or hereafter in actual operation as such within a five-mile radius of the Borough are hereby designated as approved storage garages and pounds for the storage of impounded vehicles, subject to the provisions of § 316-3.
Before an approved public garage is utilized by the Borough
as an official approved pound for the storage of impounded vehicles,
the owner of such garage shall furnish to the Borough certificates
of insurance with approved insurance companies authorized to do business
in the commonwealth, including owner's protective public liability
and property damage insurance, which shall indemnify the Borough against
liability for claims for injuries or damages to persons, including
wrongful death, and to property which may arise from operations by
such approved public garage, whether such operations are caused by
the owner or anyone directly or indirectly employed by him or her
during the period in which a vehicle is impounded; public liability
insurance with limits of $200,000 and $600,000 and property damage
insurance with limits of $100,000 to protect the owner from claims
for damages for personal injury, including wrongful death, as well
as claims for property damages which may arise during such time as
a vehicle is impounded, whether such operations are caused by the
owner or anyone directly or indirectly employed by him or her; and
insurance covering special hazards, which shall be covered by a rider
to the owner's protective public liability and/or property damage
insurance policies, specifically naming coverage for the towing and
impounding of a vehicle handled by such garage.
A.
Towing and storage charges shall be fixed by the Police Department
at an amount not less than that imposed by the bonded contractor providing
the towing service to the Borough.
Within 12 hours from the time of removal of a vehicle from any
street, highway or public property of the Borough, notice of the fact
that such vehicle has been impounded shall be sent by the Mayor, or
a member of the Police Department designated by the Mayor, to the
owner of record of such vehicle, designating the place from which
such vehicle was removed, the reason for its removal and impounding
and the pound in which it has been impounded.
The payment of the charges fixed under § 316-4, unless such payment is made under protest, shall be final and conclusive and shall constitute a waiver of any right to recover the money so paid.
If the towing and impounding charges on an impounded vehicle are paid under protest, the offender shall be entitled to a hearing before the Mayor or a court having jurisdiction, in which case the defendant shall be proceeded against and receive such notice as is provided by Chapters 220, 316, 325 and 402 of the Code in other cases of summary offenses and shall have the same rights as to appeal and to waiver of hearings.
