Borough of Waterford, PA
Erie County
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[Adopted 4-19-1976 by Ord. No. 3-1976]
[Amended 7-9-2012 by Ord. No. 02-2012]
Any and all vehicles parking on the streets, highways or on public property of the Borough of Waterford in violation of law, shall be subject to be removed and impounded at the direction of the proper Borough of Waterford officials.
The Borough Council of the Borough of Waterford shall, by motion duly entered on its minutes, approve of a storage garage, or storage garages, as pound for the storage of impounded vehicles.
[Amended 8-8-1994; 6-12-1995]
Such approved garage or garages shall maintain sufficient insurance or post a bond with Borough Council with sufficient surety for the purpose of indemnifying the owner of such impounded vehicle against the loss thereof, or injury or damage thereto, while in the custody of such poundkeeper.
[Amended 8-8-1994; 7-9-2012 by Ord. No. 02-2012]
The owner or other person having charge or control of any such impounded vehicle shall be required to pay a towing charge, in the amount as set by resolution of the Borough Council, per day before such impounded vehicle shall be released to such owner or other person.
[Amended 7-9-2012 by Ord. No. 02-2012]
Within 12 hours from the time of removal of such vehicle, notice of the fact that such vehicle has been impounded shall be sent by the authorized official instituting such removal, or by the office of the Mayor of the Borough of Waterford, to the owner of record of such vehicle, designating the place from which such vehicle was removed, the reason for its removal and impounding and the pound in which it has been impounded.
Payment by the owner or other person having charge or control of any such impounded vehicle, of the towing and storage charges specified herein, unless such payment shall be made "under protest," shall be final and conclusive and shall constitute a waiver of any right to recover the money so paid.
In the event that the towing and impounding charges specified herein are 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 defendant shall be proceeded against and receive such notice as is provided by law in other cases of summary offenses, and shall have the same rights as to appeal and waiver of hearing.