The Chief of Police is hereby authorized to remove and impound,
or to order the removal and impounding of, any vehicle parked on any
of the streets, parking lots, highways, alleys or public property
of the Borough in violation of any of the provisions of the law or
any ordinance of the Borough, provided no vehicle shall be removed
or impounded except in strict adherence to the provisions of this
article.
The following is hereby designated as an approved storage garage,
as a pound for the storage of such vehicles: Cope’s Garage,
102 N. County Line Road, Souderton, Pennsylvania.
Every such approved storage garage shall post a bond in the
amount of $5,000, to be filed with the Borough Secretary, 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 said
poundkeeper.
Charges for the towing and storage of any vehicle removed and
impounded under the authority of this article shall be as set by resolution
of the Borough Council.
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 the 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 Magistrate or court of record having jurisdiction,
in which case such 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 Chief of Police 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 the said 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.
