[Adopted 4-18-1957 by Ord. No. 756 (Ch. 71, Art. I, of the 1966 Code)]
Words and phrases when used in this article shall have the meanings
ascribed to them in the Vehicle Code of Pennsylvania as now in force
or as hereafter amended, enacted or reenacted,[1] except in those instances where the context clearly indicates
a different meaning. The singular shall include the plural and the
masculine shall include the feminine.
[1]
Editor's Note: For current Vehicle Code provisions, see 75
Pa.C.S.A. § 101 et seq.
The Chief of Police 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 of the Borough in violation
of any provisions of the law or of any ordinance of the Borough, provided
no vehicle shall be removed or impounded except in strict adherence
to the provisions of this article.
All vehicles removed and impounded shall be stored in a storage
garage, as approved by Council from time to time. The Borough shall
advertise for bids for the furnishing of towing service and the garage
and storage space necessary to carry out the provisions of this article.
Every such approved storage garage shall post a bond in the
amount of $5,000, to be filed with the Borough Secretary 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 said poundkeeper.
Specific rates for the towing and storage of vehicles under this article shall be set by Borough Council following the receipt of bids provided for in § 485-72 hereof, which rates shall be conspicuously posted in the police station and in all approved pounds.
Within 12 hours from the time of removal of any vehicle under
the authority of this article, notice of the fact that said vehicle
has been impounded shall be sent by the Chief of Police of the Borough
to the owner of record of such vehicle. Such notice shall designate
the place from which said vehicle was removed, the reason for its
removal and impounding and the pound in which it shall have been impounded.
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.
In event that any towing and impounding 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 notice as is provided by the Vehicle Code in other cases of
summary offenses, and shall have the same rights as to appeal and
waiver of hearing.
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 the owners thereof with information as to the place of storage
of such vehicles.
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 and 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.
