[Ord. 306, 10/5/1981, § 3; as amended by Ord. 335,
6/6/1988]
The Police Department is hereby authorized to remove a vehicle
from any street, highway or public place located within the Borough
limits, to the nearest garage or lot or other place of safety, or
to a garage designated or maintained by the Borough Police Department
or otherwise maintained by the Borough, when such vehicle shall be
deemed to have been junked, abandoned or discarded, or when such vehicle
is parked on any street, highway or public place in the Borough in
violation of any law or ordinance of the Borough; provided, no vehicle
shall be removed or impounded except in strict adherence to the following
Sections of this Part.
[Ord. 306, 10/5/1981, § 4]
The Borough Council is hereby authorized and directed to solicit
bids and to enter into contracts with one or more reputable private
towers to tow to designated pounds vehicles wrecked, abandoned, seized
or illegally parked within the limits of the Borough of New Oxford,
when such towing service is authorized by the Borough Council or any
agent thereof.
[Ord. 306, 10/5/1981, § 5]
The said contractors shall each give a bond in the sum of $5,000
to insure the faithful and careful performance of the said contracts.
[Ord. 306, 10/5/1981, § 6]
The towing charges shall be established in the contract between
the Borough and the private towing contractors. A copy of the rates
charged for towing all types of vehicles shall be posted in a conspicuous
place in all designated pounds.
[Ord. 306, 10/5/1981, § 7]
In any case where the violation is not causing immediate harm,
and in the discretion of the Police Department, the Police Department
shall give 24 hours' notice of the intended removal and impounding
to the violator.
[Ord. 306, 10/5/1981, § 8]
Within 12 hours from the time of removal of any vehicle under
authority granted by this Section, notice of the fact that such vehicle
has been impounded shall be sent by the Police Department to the owner
of record of such vehicle. Such notice shall designate the place from
which said vehicle was removed, the reason for its removal and impounding,
and the garage or lot in which it shall have been impounded.
[Ord. 306, 10/5/1981, § 9]
The payment of any towing and impounding charges authorized
by this subpart 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.
[Ord. 306, 10/5/1981, § 10]
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 District Justice 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.
[Ord. 306, 10/5/1981, § 11]
The Police Department shall keep a record of all vehicles impounded
and shall be able at all times to furnish the owners or agents of
the owners thereof with information as to the place of storage of
such vehicles.
[Ord. 306, 10/5/1981, § 12]
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 said vehicle was removed and impounded.
[Ord. 306, 10/5/1981, § 13]
No vehicle shall be removed under the authority of this subpart
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.
