1.
Any vehicle illegally parked on the streets, highways or public property
of the Borough of Homestead in violation of any ordinance of the Borough
of Homestead shall be removed and impounded and towed off said streets
and highways.
2.
The Chief of Police of the Borough of Homestead is hereby authorized
to remove and impound, or to order the removal and impounding of,
any vehicle parked on any of the streets, alleys or public property
in the Borough in violation of any provision of the law or of any
ordinance of the Borough. For the purpose of this article, the word
"vehicle" shall mean any motor vehicle, tractor, trailer and/or tractor-trailer.
No vehicle shall be removed or impounded for illegal parking except
in strict adherence to the provisions of this article.
The Borough Council, from time to time, is hereby authorized
to designate and appoint one or more approved storage garages as an
official pound to which vehicles impounded under this article shall
be taken. Every such approved storage garage shall file a bond, at
least in the amount of $50,000 with the Borough Manager, for the indemnifying
of the owner of any such impounded vehicle against the loss thereof,
or injury or damage thereto, while in the custody of the poundkeeper.
Charges for the towing and storage of any vehicle removed and
impounded under the authority of this article shall be as set from
time to time by the Borough Council.
Within 24 hours from the time of removal of any vehicle under
authority granted by this article, notice of the fact that such vehicle
has been impounded shall be sent by the Chief of Police 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.
The Chief of Police shall keep a record of all vehicles impounded
and shall be able at all reasonable times to furnish the owners or
agents of such owners thereof with information as to the place of
storage of such vehicles.
All the costs and charges for removal and impounding of any
such vehicle referred to in this article shall be paid by the owner
and/or person responsible for such violation. The payment of any towing
and storage 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 storage charges, so imposed,
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 such defendant shall be proceeded against and shall
receive such notice as is provided by the Vehicle Code in other cases
of summary offenses, and shall have the same right as to appeal and
waiver of hearing.
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 the said vehicle was removed or 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.
