The Chief of Police of the Borough or the officer on duty is
hereby authorized to remove and impound or to order the removal and
impounding of any vehicle parked on any of the streets, highways or
public property in the Borough in violation of any provision of the
law or of any ordinance of the Borough, provided that no such vehicle
shall be removed or impounded except in strict adherence to the provisions
of this article.
Certain garages, as authorized by the Borough from time to time,
shall be designated as approved storage garages and as pounds for
the storage of such impounded vehicles.
Every such approved storage garage or pound shall provide a
certificate of liability insurance to the Borough indemnifying the
Borough and the owner of every such impounded vehicle against the
loss thereof, or injury or damage thereto, while in the custody of
such poundkeeper.
The towing charge to be collected by every such poundkeeper
and the storage charge shall be determined by the Borough from time
to time.
Within 12 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 Chief of Police of the Borough
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 so imposed
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 such defendant shall be proceeded against and shall
receive such notice as is provided in the Vehicle Code in other cases
of summary offenses and shall have the same rights as to appeal and
waiver of hearing.
The Chief of Police shall keep a record of all vehicles impounded
and shall be able at all reasonable times to furnish the owners or
the agents of the owners thereof with information as to the place
of storage of such vehicle.
The payment of towing and storage charges authorized by this
article shall not operate to relieve the owner or operator of any
vehicle from liability for any fine or penalty for 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 article
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.
