This article is enacted under authority of § 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 Article IV of this chapter; and b) vehicles parked in metered parking lots of the Borough in violation of any provision of Article V of this chapter.
The police officers of the Borough shall have the 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 § 470-55, 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 Borough 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 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 from the time of removal of any vehicle under the 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 by 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 provisions 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.