The Mayor of the Borough of Walnutport or his agent is hereby
authorized to remove and impound, or to order the removal and impounding
of, any vehicle parked upon any street, alley, highway or public property
in the Borough of Walnutport in violation of any provision of the
law or of any ordinance of the Borough of Walnutport. Provided: no
vehicle shall be removed or impounded except in strict conformity
to the provisions of this article.
The Borough Council shall have authority to designate, from
time to time, one or more garages as approved storage garages, to
serve as a pound for the storage of such impounded vehicles.
Every such approved storage garage shall have authority to charge
the owner of record to every such impounded vehicle the towing and
the storage charges that shall be fixed and approved by resolution
of the Borough Council.
Every such approved storage garage shall furnish a bond in an
adequate amount as shall be fixed by the Borough Council, for the
indemnifying of the owner of any such impounded vehicle against the
loss thereof, or injury or damage thereto, while in the custody of
such poundkeeper.
Within 24 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 Police Department 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.
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, authorized
by this article, shall be 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 the 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 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 such vehicle was removed and impounded.
No vehicle shall be removed under the authority of this chapter
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.