[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[1] in other cases of summary offenses and shall have the same rights as to appeal and waiver of hearing.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[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.