This article is enacted under authority of Section 6109(a)(22)
of the Vehicle Code[1] and gives authority to the Borough to remove and impound vehicles that are parked overtime on any street in the Borough in violation of any provision of Article I, Article IV or Article V of this chapter.
[1]
Editor's Note: See 75 Pa.C.S.A. § 6109(a)(22).
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 its parking were within the conditions stated in § 145-37 of this article and provided that no such vehicle shall be removed or impounded except in strict adherence to the 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 the Borough Council. Every such garage shall
submit evidence to the Borough Council that it is bonded or has acquired
liability insurance in an amount satisfactory to the Borough Council
as sufficient to indemnify owners of impounded vehicles against loss
or damage to those vehicles while in the custody of the garagekeeper
for the purpose of towing or storage. The approved storage garage
shall submit to the Borough Council its schedule of charges for towing
and storage of vehicles under this article, and when the schedule
is approved by the Borough Council, those charges shall be adhered
to by the approved storage garage. No different schedule of charges
shall be adopted without approval of the Borough 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. The 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 article.
Within 12 hours from 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 the Borough 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 by
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 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.
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
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.
