The Police Department of the Borough is hereby authorized to
remove and impound, or to order the removal and impoundment of, any
vehicle parked upon any street, alley, highway or public property
in the Borough in violation of any provision of the law or of any
ordinance of the Borough.
The Borough Council shall have authority to designate, from
time to time, one or more garages as approved storage garages to serve
as a pound for the storage of such impounded vehicles.
Every such approved storage garage shall have authority to charge
the owner of record of every such impounded vehicle the towing and
storage charges that shall be fixed and approved by resolution of
the Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Within 72 hours from the time of removal of any vehicle under the authority granted by this article, notice of the fact that such vehicle has been impounded shall be sent by the Pennsylvania Department of Transportation to the owner of record of such vehicle. Such notice shall include the make, model, title number, vehicle identification number and registration plate number, the location the vehicle is held, notification of the right to reclaim said vehicle within 30 days after the date of the notice upon payment of a fee as set forth in §
316-29 of this chapter, towing and storage charges, and notification that failure to reclaim said vehicle shall be deemed consent to the disposition of the vehicle.
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 authorized
by this article shall be paid under protest, the offender shall be
entitled to a hearing before a Magisterial District Judge or court
of record having jurisdiction, in which case the defendant shall be
proceeded against and shall receive such notice as is provided for
by the Vehicle Code in other cases of summary offenses and shall have the
same rights as to appeal and waiver of hearing.
The Police Department shall keep a record of all vehicles impounded,
and it shall be able at all reasonable times to furnish the owners,
or agents of the owners thereof, 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 such 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.