The Chief of Police of the Borough 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 in the Borough in violation of any provision of the law or of any ordinance of the Borough; provided, however, that no such vehicle shall be removed or impounded except in strict adherence to the provisions of this article.
[Amended 12-17-2001 by Ord. No. 2001-7, approved 12-17-2001]
The following garages located in the Borough are hereby designated as approved storage garages, as pounds for the storage of such impounded vehicles:
Name of Garage
Address
F.R. Hutchinson, t/a Ritchey's Towing
Also t/a Hutch's Towing and Salvage
114 Vine Street, Harrisburg, Pennsylvania 17104
6891 Blue Ridge Avenue, Harrisburg, Pennsylvania 17112
Foremost Towing Inc.
[Added 2-4-2008 by Ord. No. 2008-2, approved 2-4-2008]
401 Richardson Road, Middletown, Pennsylvania 17057
Every such approved storage garage or pound shall be bonded in the amount of $10,000 for the indemnifying of the owner of every such impounded vehicle against the loss thereof, or injury or damage thereto, while in the custody of such poundkeeper.
[Amended 12-17-2001 by Ord. No. 2001-7, approved 12-17-2001; 2-4-2008 by Ord. No. 2008-2, approved 2-4-2008]
The towing charge to be collected by every such poundkeeper shall be $105 ($90 poundkeeper fee, $15 Borough service fee) and the storage charge shall be $20 for each day. No Borough service fee will be remitted by the poundkeeper for towing of an abandoned vehicle unless and until poundkeeper recovers $105 or more from any source in relation to said vehicle. Where poundkeeper is required to utilize additional manpower or trucks to effectuate a removal or towing, poundkeeper shall charge not more than $90 per additional truck at the same towing incident. Special equipment required to be leased for a particular activity in regard to the towing or storage will be priced at the leased value plus 20% overhead. Any cleanup provided by poundkeeper at the scene of an incident for which poundkeeper removes or tows vehicles will enable poundkeeper to charge the owner of the vehicle or vehicles an amount not to exceed $25. Cleanup of hazardous materials done by poundkeeper shall be billed directly to the party responsible for the spill of said materials.
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 such vehicle was removed, the reason for its removal and impounding, and the pound in which it shall have been impounded.
A. 
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.
B. 
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 in 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 the agents of the owners thereof with information as to the place of storage of such vehicles.
The payment of towing and storage charges authorized by this article shall not operate to relieve the owner or operator of any vehicle from liability for any fine or penalty for violation of any law or ordinance on account of which such 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.