Members of the Police Department are hereby authorized to remove a vehicle from a street or highway to the nearest garage or lot or other place of safety, or to a garage designated or maintained by the Police Department or otherwise maintained by the Borough, when such vehicle is parked on any of the streets, highways or public property of the Borough in violation of any provisions of law or of any ordinance of the Borough, provided that no vehicle shall be removed or impounded except in strict adherence to the following sections of this article.
The Borough Council shall designate one or more storage garages or lots as approved storage garages or lots for the storage of impounded vehicles.
[Amended 12-10-1996 by Ord. No. 9-1996]
Every such approved storage garage shall post a bond in the amount of $5,000, to be filed with the Borough Secretary, for the indemnification of the owner of any such impounded vehicle against the loss thereof or injury or damage thereto while in the custody of said poundkeeper.
[Amended 11-6-1975 by Ord. No. 5-1975; 12-10-1996 by Ord. No. 9-1996]
The charges that shall be made for the towing and storage of any vehicle removed and impounded under the authority of this article shall be as set forth from time to time by the Borough Council.
In any case where the violation is not causing immediate harm, and in the discretion of the Police Department, the Police Department shall give 24 hours' notice of the intended removal and impounding to the violator.
Within 12 hours from the time of removal of any vehicle under authority granted by this section, 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. Such notice shall designate the place from which said vehicle was removed, the reason for its removal and impounding and the garage or lot 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 District Justice 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 Police Department shall keep a record of all vehicles impounded and shall be able at all 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 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.