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 street in the Borough, in violation of any provision of Article
III or
IV of this chapter; and
B. Vehicles parked in metered and unmetered parking lots operated by
the Borough 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 §
400-46, and provided that no such vehicle shall be removed or impounded except in strict adherence 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 the Chief of Police 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 provision
of this chapter on account of which the vehicle was removed and impounded.
The Chief of Police 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.