This article is enacted under authority of Section 6109(a)(22)
of the Vehicle Code[1] and gives authority to the Borough to remove and impound vehicles that are parked overtime on any street in the Borough in violation of any provision of Article I or Article III of this chapter.
[1]
Editor's Note: See 75 Pa.C.S.A. § 6109(a)(22).
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 its parking were within the conditions stated in § 150-26 of this article and provided that 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 licensed salvors that shall be designated from time
to time by the Borough Council. Every such garage shall submit evidence
to the Borough Council that it is bonded or has acquired liability
insurance in an amount satisfactory to the Borough 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 licensed salvors shall submit to the Borough
Council its schedule of charges for towing and storage of vehicles
under this article, and when the schedule is approved by the Borough
Council, those charges shall be adhered to by the approved storage
garage. No different schedule of charges shall be adopted without
approval of the Borough 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 licensed salvor. The Borough
Council shall delete from its list of approved licensed salvors any
garage that makes any unapproved charge in connection with any vehicle
removed or impounded under this article.
Notice of the fact that a vehicle was removed under authority
granted by this article shall be sent by the Borough 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 by
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 District Justice. Payment of towing and storage charges shall not
relieve the owner or driver of any vehicle from liability for any
fine or penalty for the violation of the provision of this chapter
for which the vehicle was removed or impounded.
The Borough shall cause a record to be kept of all vehicles
impounded under this article and shall be able at all reasonable times
to furnish the owners or the agents of the owners of those vehicles
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.
