This article is enacted under authority of Section 6109(a)(22)
of the Vehicle Code and gives authority to the Borough to remove and
impound vehicles that are parked overtime on any street in the Borough,
or in metered and unmetered parking lots in the Borough, in violation
of any provision of this chapter.
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 §
212-39 of this article and provided that no such vehicle shall be removed or impounded except in strict adherence to the 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 the Dallastown Borough Council. Every such garage
shall submit evidence to the Dallastown Borough Council that it is
bonded or has acquired liability insurance in an amount satisfactory
to the Dallastown Borough Council as sufficient to indemnify owners
of impounded vehicles against loss or damage to those vehicles while
in the custody of the garagekeeper for the purpose of towing or storage.
The approved storage garage shall submit to the Dallastown Borough
Council its schedule of charges for towing and storage of vehicles
under this article, and when the schedule is approved by the Dallastown
Borough Council, those charges shall be adhered to by the approved
storage garage. No different schedule of charges shall be adopted
without approval of the Dallastown Borough Council, and no different
charges shall be demanded of or collected from any person whose vehicle
is removed or impounded under this article by any approved storage
garage. The Dallastown Borough Council shall delete from its list
of approved storage garages any garage that makes 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
authority granted by this article, notice of the fact that the vehicle
was removed shall be sent by the Borough 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 District Justice. 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 of the provision of this chapter
for which the vehicle was removed or impounded.
The Borough shall cause a record to be kept 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 vehicle.
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.