This article is enacted under authority of Section 6109(a) of
the Vehicle Code and gives authority to the Borough to removal and
impound.
A. Vehicles parked overtime on any street in the Borough in violation
of any applicable provisions of this chapter; and
B. Vehicles parked in metered or unmetered parking lots, operated by
the Borough, in violation of any ordinance provision governing those
lots.
The police officers of 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 that parking are within the authority of this article as stated in §
435-25 of this article. Provided: 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 may be designated from
time to time by 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 under this article by any approved storage garage.
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 after 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 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 under
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 provision 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 owner or the agent of the owner of any such vehicle 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.