[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.