Police officers for the Borough of Bath are hereby authorized to remove and impound any vehicle parked upon any street, alley, highway or public property in the Borough in violation of any provision of traffic or parking law enforced by police officers including, but not limited to, this chapter. Police officers for the Borough may impound such vehicle or vehicles in accordance with applicable law. Borough of Bath Code Enforcement Officers are each hereby authorized to remove and impound any vehicle parked upon any street, alley, highway or public property in the Borough in violation of any parking provision of this chapter.
A. 
This article is enacted under authority of Section 6109(a)(22) of the Pennsylvania Motor Vehicle Code and gives authority to the Borough to remove and impound:
(1) 
Vehicles that are parked overtime on any street in the Borough, or in unmetered parking lots in the Borough, in violation of any provision of Article II or V of this chapter.
(2) 
Vehicles parked in metered parking lots in the Borough in violation of any provision of Article VI of this chapter.
(3) 
Vehicles parked on snow emergency routes in violation of a snow emergency declaration in violation of any provision of Article I of this chapter.
(4) 
Vehicles parked in violation of any other parking provision of this chapter.
B. 
All costs and expenses for removal and impounding pursuant to this article shall be borne by the applicant.
(1) 
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.
Removal and impounding of vehicles under this article shall be done only by approved storage garages that shall be designated from time to time by the Borough Council and in accordance with Article IX of this chapter. 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 approved storage garage 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 approved storage garage. The Borough Council shall delete from its list of approved storage garages any garage that makes any unapproved charge in connection with any vehicle removed or impounded under this article.
Within 24 hours from the time of removal of any motor vehicle or conveyance under authority granted by this article, notice of the fact that the vehicle or conveyance was removed shall be sent by the Borough to the owner of record of the vehicle. The notice shall designate the place from which the vehicle or conveyance was removed, the reason for its removal and impounding and the garage in which it was impounded.
A. 
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.
B. 
Effect of payment of towing and impoundment without protest. 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.
C. 
Effect of payment of towing and impoundment under protest. 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 District Justice 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 (in accordance with 75 P.S. § 101 et seq.).
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.
A. 
Before the owner or duly authorized person shall be allowed to repossess or to secure the release of a vehicle or conveyance that has been impounded pursuant to the provisions of this article, he or she shall pay the following:
(1) 
The cost of towing the vehicle or conveyance as charged by the approved storage garage.
(2) 
The cost of storage for each day or portion of a day that the approved storage garage has charged for storing the vehicle/conveyance.
(3) 
The total amount due on all outstanding parking fines owed to the Borough of Bath, including costs, and the satisfaction of all outstanding warrants.
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.