[Amended 1-8-2015 by Ord. No. 380]
The Schwenksville Borough Mayor, or Code Enforcement Officer designated by Council, the Pennsylvania State Police or other police department as may be contracted by Schwenksville Borough 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 in the Borough in violation of any provision of the law or of any ordinance of the Borough; provided, however, that no such vehicle shall be removed or impounded except in strict adherence to the provisions of this article.
[Amended 6-13-1991 by Ord. No. 245; 9-10-1992 by Ord. No. 255; 1-8-2015 by Ord. No. 380]
All such removal and impoundment shall be to such garage or garages as shall hereafter be approved and designated by resolution of the Borough Council of the Borough of Schwenksville.
[Amended 1-13-2005 by Ord. No. 327]
Every such approved storage garage or pound shall be bonded in an amount as set from time to time by resolution of Borough Council for the indemnifying of the owner of every such impounded vehicle against the loss thereof, or injury or damage thereto, while in the custody of such poundkeeper.
[Amended 6-13-1991 by Ord. No. 245; 9-10-1992 by Ord. No. 255; 1-13-2005 by Ord. No. 327]
The towing charge to be collected by every such poundkeeper shall be set from time to time by resolution of Borough Council, and storage charges shall also be set from time to time by resolution of Borough Council.
[Amended 1-8-2015 by Ord. No. 380]
Within 12 to 24 hours from the time of removal of any vehicle under the authority granted by this article, notice of the fact that such vehicle has been impounded shall be sent by the Mayor of the Borough or designee 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.
[Amended 1-8-2015 by Ord. No. 380]
A. 
No person, owner or operator of any motor vehicle removed, towed and/or stored under the provisions of this article shall be entitled to reclaim the motor vehicle unless or until all towing and storage charges have been paid to the towing and storage agent of Schwenksville Borough in full.
B. 
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. 
In the event that any towing and impounding charges so imposed 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 defendant shall be proceeded against and shall receive such notice as is provided in the Vehicle Code in other cases of summary offenses and shall have the same rights as to appeal and waiver of hearing.
[Amended 1-8-2015 by Ord. No. 380]
The Schwenksville Mayor, or Code Enforcement Officer designated by Schwenksville Council, or person designated by Council shall keep a record of all vehicles impounded and shall be able, at all reasonable times, to furnish the owners, or the agents of the owners thereof, with information as to the place of storage of such vehicles.
The payment of towing and storage charges authorized by this article shall not operate to relieve the owner or operator of any vehicle from liability for any fine or penalty for violation of any law or ordinance on account of which such 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.