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:
A. Vehicles that are parked overtime on any highway in the Borough, in violation of any provision of Article
III of this chapter; and
B. Vehicles parked in metered and unmetered parking lots,
if and when the Borough operates such lots, in violation of any ordinance
provision governing those lots.
The police officers of the Borough shall have authority to remove and impound, or to order the removal and impounding, of any vehicle parked overtime or otherwise illegally, provided that the circumstances of that parking are within the authority of this article, as stated in §
207-32, provided no such vehicle shall be removed or impounded except in strict accordance to all provisions of this article.
Removal and impounding of vehicles under this
article shall be done only by approved storage garages that shall
be designated from time to time by Council. Every such garage shall
submit evidence to Council that it is bonded or has acquired liability
insurance in an amount satisfactory to 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 Council its
schedule of charges for towing and storage of vehicles under this
article, and, when the schedule is approved by Council, those charges
shall be adhered to by the approved storage garage; no different schedule
of charges shall be adopted without approval of Council and no different
charges shall be demanded of or collected from any person whose vehicle
is removed or impounded under this article by any approved storage
garage. Council shall delete from its list of approved storage garages
any garage that shall make any unapproved charge in connection with
any vehicle removed or impounded under this article.
Within 12 hours after the time of removal of
any vehicle under authority granted by this article, notice of the
fact that the vehicle was removed shall be sent by a police officer
to the owner of record of the vehicle. The notice shall designate
the place from which the vehicle was removed, the reason for its removal
and impounding, and the garage in which it was impounded.
The payment of any towing and storage charges
authorized under this article 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 Magisterial District Judge. Payment of towing
and storage charges shall not relieve the owner or operator of any
vehicle from liability for any fine or penalty for the violation of
the provisions of this chapter on account of which the vehicle was
removed and impounded.
The police officer shall keep a record 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 vehicles.
No vehicle shall be removed under the authority
of this article 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.