[Ord. 2, 8/14/1972, Art. VI, § 1; as amended by
Ord. No. 2-2013, 1/14/2013]
The Chief of Police of the Borough, or his designee, is hereby
authorized to remove and impound, or to order the removal and impounding
of, any vehicle parked on any of the streets, highways or public property
in the Borough in violation of any provision of the law or of any
ordinance of the Borough, provided that no such vehicle shall be removed
or impounded except in strict adherence to the provisions of this
Subpart F.
[Ord. 2, 8/14/1972, Art. VI, § 2; as amended by
Ord. No. 2-2013, 1/14/2013]
The Borough Council may from time to time, by resolution, designate
approved towers and storage garages as pounds for the storage of such
impounded vehicles. In order to become an approved tower or storage
garage, the entity must agree to accept the rate for services as established
by the Borough Council by resolution.
[Ord. 2, 8/14/1972, Art. VI, § 3; as amended by
Ord. No. 2-2013, 1/14/2013]
Every such approved storage garage or pound shall be bonded
in the amount of $5,000,00 or the amount salvors are statutorily required
to be bonded, whichever is greater, for the indemnifying of the owner
of every such impounded vehicle against the loss thereof, or injury
or damage thereto, while in the custody of such poundkeeper.
[Ord. 2, 8/14/1972, Art. VI, § 4; as amended by
Ord. No. 2-2013, 1/14/2013]
The towing charge to be collected by any approved tower shall
be the then-standard rate for towing that has been authorized by the
Borough Council by resolution. The storage charge that shall be charged
by any approved storage garage shall be the then-standard rate for
storage that has been authorized by the Borough Council, from time
to time, by resolution.
[Ord. 2, 8/14/1972, Art. VI, § 5; as amended by
Ord. No. 2-2013, 1/14/2013]
Within 24 hours from the time of removal of any such vehicle
under authority granted by this Subpart F, notice of the fact that
such vehicle has been impounded shall be sent by the Chief of Police
of the Borough, or his designee, to the owner of record of such vehicle.
Such notice shall designate the place from which such vehicle was
removed, the reason for its removal and impounding, and the pound
in which it shall have been impounded.
[Ord. 2, 8/14/1972, Art. VI, § 6; as amended by
Ord. No. 2-2013, 1/14/2013]
The payment of any towing and impounding charges authorized
by this Subpart F 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. 2, 8/14/1972, Art. VI, § 7; as amended by
Ord. No. 2-2013, 1/14/2013]
In the event that any towing and impounding charges so imposed
shall be paid under protest, the offended shall be entitled to a hearing
before a magistrate or court of record having jurisdiction, in which
case such defendant shall be proceeded against and shall receive such
notice as is provided in the Vehicle Code in other cases of summary offenses and shall have the
same rights as to appeal and waiver of hearing.
[Ord. 2, 8/14/1972, Art. VI, § 8; as amended by
Ord. No. 2-2013, 1/14/2013]
The Chief of Police, or his designee, shall keep a record of
all vehicles impounded and shall be able at all reasonable times to
furnish the owner or the agents of the owners thereof with information
as to the place of storage of such vehicles.
[Ord. 2, 8/14/1972, Art. VI, § 9; as amended by
Ord. No. 2-2013, 1/14/2013]
The payment of towing and storage charges authorized by this
Subpart F shall not operate to relieve the owner or operator of any
vehicle from liability for any fine or penalty for violation of any
law or ordinance on account of which such vehicle was removed and
impounded.
[Ord. 2, 8/14/1972, Art. VI, § 10; as amended by
Ord. No. 2-2013, 1/14/2013]
No vehicle shall be removed under the authority of this Subpart
F 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.