[Amended 5-4-1970 by Ord. No. 638]
The Chief of Police is hereby authorized to
remove and impound, or to order the removal and impounding of any
vehicle parked on any of the streets, highways or public property
of the Borough in violation of any of the provisions of the law or
of any ordinance of the Borough, if the same interferes with the normal
flow of traffic to and from said street, or may cause a threat to
the passage of, or performance of emergency vehicles, or otherwise
in any way, impair work, repairs, cleanup, or snow removal, or in
any way cause a nuisance to pedestrians or users of the highways.
Provided: no vehicle shall be removed or impounded except in strict
adherence to the provisions of this article.
[Amended 6-6-1988 by Ord. No. 930]
Borough Council shall designate approved storage
garages, as pounds for the storage of impounded vehicles, from time
to time, by resolution of Council.
Every such approved storage garage shall post
a bond, in the amount of $5,000, to be filed with the Borough Secretary,
for the indemnifying of the owner of any such impounding vehicle against
the loss thereof, or injury or damage thereto, while in the custody
of the said poundkeeper.
[Amended 5-7-1984 by Ord. No. 870]
The following are hereby fixed and established
as the charges that shall be made for the towing and storage of any
vehicle removed and impounded under the authority of this article.
The owner of such impounded vehicle shall pay a towing charge as set
forth in a schedule of fees and charges adopted by resolution of Borough
Council.
Within 12 hours from the time of removal of
any vehicle under authority granted by this article, notice of the
fact that such vehicle has been impounded shall be sent by the Chief
of Police of the Borough to the owner of record of such vehicle. Such
notice shall designate the place from which said vehicle was removed,
the reason for its removal and impounding, and the pound in which
it shall have been impounded.
The payment of any towing and impounding charges,
authorized by this article, shall, unless such payment shall have
been made "under protest," be final and conclusive and shall constitute
a waiver of any right to recover the money so paid.
In the event that any towing and impounding
charges, so imposed, shall be paid "under protest," the offender shall
be entitled to a hearing before a magistrate or court of record having
jurisdiction, in which case such defendant shall be proceeded against
and shall receive such notice as is provided by the Vehicle Code in
other cases of summary offenses, and shall have the same rights as
to appeal and waiver of hearing.
The Chief of Police shall keep a record of all
vehicles impounded and shall be able at all reasonable times to furnish
the owners or agents of the owners thereof with information as to
the place of storage of such vehicles.
The payment of towing and storage 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
on account of which the said vehicle was removed and impounded.
No vehicle shall be removed under the authority
of this article if, at the time of the intended removal thereof, the
owner or person for the time being in charge of such vehicle is present
and expresses a willingness and intention to remove such vehicle immediately.
[Added 6-3-1996 by Ord. No. 1052]
A. No person shall make repairs to a vehicle in the Borough of Catasauqua on public property, including the streets of the Borough, rendering the vehicle immobile for over 24 hours, as such a vehicle shall constitute a safety hazard and shall be subject to removal as described in Subsection
B, below.
B. If it is found and determined by the Police Department
of the Borough of Catasauqua that a vehicle constitutes a safety hazard
as discussed above, the Police Department may have the vehicle removed
immediately and within 12 hours submit written notice to the registered
owner of the vehicle stating the cause of removal and the procedure
to follow in reclaiming the vehicle.