This article is enacted under authority of Section
6109(a-22) of the Vehicle Code and gives authority to the Borough
to remove and impound those vehicles which have been abandoned or
are not legally entitled to operate or park on the streets and highways
of the commonwealth under authority of the Vehicle Code.
Any police officer may remove, or removal and
impounding of vehicles under this chapter shall be done only by approved
storage garages that shall be designated from time to time by Borough
Council. Every such garage shall submit evidence to Borough Council
that it is bonded or has acquired liability insurance in an amount
satisfactory to Borough Council as sufficient to indemnify owners
of impounded vehicles against loss or damage to those vehicles while
in the custody of the garage keeper for the purpose of towing or storage.
The approved storage garage shall submit to Borough Council its schedule
of charges for towing and storage of vehicles under this chapter,
and, when the schedule is approved by Borough Council, those charges
shall be adhered to by the approved storage garage; no different schedule
of charges shall be demanded of or collected from any person whose
vehicle is removed or impounded under this chapter by any approved
storage garage. Borough Council shall delete from its list of approved
storage garages any garage that makes any unapproved charge in connection
with any vehicle removed or impounded under this chapter.
The payment of any towing and storage charges
authorized by this chapter shall, unless payment is made under protest,
be final and conclusive and shall constitute a waiver of any right
to recover the money so paid. If payment of any towing or storage
charges is made under protest, the offender shall be entitled to a
hearing before a District Justice. 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 provision of this
chapter for which the vehicle was removed or impounded.
In order to reclaim his vehicle, the owner shall
pay towing and storage costs, plus a fee as set from time to time
by resolution of the Borough Council, of which $10 shall be transferred
to the Pennsylvania Department of Transportation by the garage to
which the vehicle was taken.
The Borough 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 vehicle 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.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of $50, together with all costs of disposing of the vehicle under
provisions of the Vehicle Code, 75 Pa.C.S.A. § 7301 et seq.
(1977), as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania.