This Article IV of Chapter 430 is enacted under authority of Section 6109(a)(22) of the Vehicle Code,[1] which gives authority to the Borough to remove and impound vehicles that are parked on any street in the Borough in violation of the law or of any provision 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 § 430-34 of this Chapter 430. Provided: No such vehicle shall be removed or impounded except in strict adherence to the provisions of this chapter.
Removal or impounding of vehicles under this Article IV of Chapter 430 shall be done only by one or more "approved storage garages" that shall be designated by the Mayor, subject to approval and confirmation by Council. Every such garage, prior to approval by Council, 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 storage. The storage garage, prior to approval, shall submit to Council its schedule of charges for towing and storage of vehicles under this Article IV of Chapter 430. When the garage and the schedule are approved by Council, the schedule of charges shall be used by the approved storage garage for its services; no change in the schedule of charges shall be adopted without approval of Council, and no other charges shall be demanded of or collected from any person whose vehicle is removed or impounded under this Article IV of Chapter 430 by any approved storage garage. Council shall delete from its list of approved storage garages any garage which makes any unapproved charge in connection with any vehicle removed or impounded under this Article IV of Chapter 430. Provided: Any approval storage garage or garages may also be designated by the Mayor, with approval and confirmation of Council to be used as a pound for wrecked and abandoned vehicles under the applicable provisions of the Vehicle Code.
The Police Officer removing or directing the removal of any vehicle under the provisions of this Article IV of Chapter 430 shall securely affix a towing notice in a prominent place on the vehicle. The form shall bear the license number of the vehicle, the date, time, place and nature of the violation, and the name or identifying badge number of the Police Officer removing or directing the removal of the vehicle. The towing notice form shall be made out in triplicate, and shall be identified by a separate number on each original notice form. The triplicate copy shall be mailed within 24 hours after the time of removal of the vehicle, to the owner of record of the vehicle. The original of the notice shall be delivered to the Borough Treasurer and a duplicate copy (remaining attached to the book of forms) shall be returned to the Chief of Police.
Before the owner of a vehicle, or his agent, shall be permitted to remove an impounded vehicle, he shall:
A. 
Pay the Borough Treasurer or his or her duly authorized agent the actual towing and storage charges incurred in connection with the removal and impounding of the vehicle, and procure from the treasurer or his agent, as the case may be, a certified release in duplicate, which shall indicate whether or not payment was made "under protest."
B. 
Present the original copy of the release to the person in charge of the approved storage area in which the vehicle is impounded, furnishing to that person satisfactory evidence of his or her identity and the fact of his or her ownership of the vehicle or authority to act as agent for the owner.
C. 
Sign a release for the vehicle being removed.
The payment of any towing and storage charges authorized by this Article IV of Chapter 430 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 for which the vehicle was removed or impounded. Provided: In case of towing and storage charges paid under protest where the Magisterial District Judge acquits the defendant of the alleged violation, the Magisterial District Judge shall promptly certify his findings to the Borough Treasurer, who shall, within five days of the receipt of the certification, refund to the defendant the amount of the towing and storage charges paid by or on behalf of the defendant in connection with the matter before the Judge.
The Borough shall cause a record to be kept of all vehicles impounded under this Article IV of Chapter 430 and shall be able at all reasonable times to furnish the owner or the agent of the owner of every such vehicle with information as to the place of storage of the vehicle.
No vehicle shall be removed under the authority of this Article IV of Chapter 430 if, at any 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.