[Adopted 5-3-1972 by Ord. No. 729 (Ch.
XV, Part 4 of the 1970 Code)]
[Amended 5-4-1977 by Ord. No. 806]
The members of the Police Department of the Borough of Waynesboro are hereby authorized to remove and impound or to order the removal and impounding of any vehicle violating any of the provisions of law of the Commonwealth of Pennsylvania or of any parking ordinance of the Borough of Waynesboro. Provided: no such vehicle shall be removed or impounded except in strict adherence to the provisions of this Part 4. Provided further: this Part 4 shall not apply to vehicles parked where prohibited by law or by any parking ordinance of the Borough, the removal and impounding of which is governed by Section 3352 of the Vehicle Code of 1976.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 3352.
Said removal and impounding shall be performed
by a garage to be designated and approved by Council of the Borough
of Waynesboro.
Any approved garage shall furnish and provide
to the Borough of Waynesboro, bond in the amount as shall from time
to time be fixed by Council or such equivalent security as may be
approved by the Borough Solicitor, indemnifying the owner of such
vehicle against the loss thereof, or injury or damage thereto, while
in the custody of said garage.
The towing and storage charges performed hereunder
shall be fixed by the Council of the Borough of Waynesboro, collected
by the Borough Manager, and paid into the Borough treasury.
Within 12 hours from the time of removal of
such vehicle under authority granted by this Part 4, notice of the
fact that such vehicle has been impounded shall be sent by the Police
Department to the owner of record of such vehicle, designating the
place from which said vehicle was removed, the reason for its removal
and impounding, and the garage in which it has been impounded.
The payment of charges herein provided unless
such payment shall be made under protest, shall be final and conclusive,
and shall constitute a waiver of any right to recover the monies so
paid.
In the event the towing and impounding charges
so imposed are paid under protest the offender shall be entitled to
a hearing before a Magisterial District Judge or court of record having
jurisdiction in which case defendant shall be proceeded against and
receive such notice as is provided by the Vehicle Code of the Commonwealth
of Pennsylvania in other cases of summary offenses, and shall have
the same rights of appeal and waiver of hearing.
The Police Department 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 vehicle was removed and impounded.
No vehicle shall be removed under the authority
of this Part 4 if, at the time of such intended removal, the owner
or person for the time being in charge of such vehicle is present
and expresses a willingness and intention to immediately remove said
vehicle.
