[Amended 7-16-2014 by Ord. No. 9-2014]
A. 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 of the provisions of the law or of any ordinance of the Borough,
provided that no vehicle shall be removed or impounded except in strict
adherence to the provisions of this article.
B. The Director of Parking is hereby authorized to remove and impound, or to order the removal and impounding, of any vehicle which was booted for more than 48 hours pursuant to the provisions in Article
XI of this chapter provided that no vehicle shall be removed or impounded except in strict adherence to the provisions of this article and Article
XI.
[Amended 4-9-1986 by Ord. No. 3-1986; 6-20-2001 by Ord. No. 9-2001]
Borough Council shall, by resolution, establish
a list of approved storage garages and approved pounds for the storage
of impounded vehicles, which list may be amended from time to time
by resolution of Borough Council. The list shall be kept on file in
the office of the Borough Manager.
[Amended 12-15-2020 by Ord. No. 13-2020]
Every such approved storage garage shall provide
current certificates of insurance, demonstrating general liability
coverage in the minimum amount of $1,000,000, and garage keeper's
coverage in the minimum amount of $1,000,000, to be filed with the
Borough Secretary.
[Amended 4-9-1986 by Ord. No. 3-1986; 12-12-1990 by Ord. No. 15-1990; 6-20-2001 by Ord. No. 9-2001; 7-16-2014 by Ord. No. 9-2014]
Borough Council shall, by resolution, establish a schedule of
towing and storage charges and fees that shall be charged for the
towing and storage of vehicles removed and impounded under the authority
of this chapter. The schedule of towing and storage charges and fees
may be amended from time to time by resolution of Borough Council,
and such schedule shall be kept on file in the office of the Borough
Manager.
[Amended 7-16-2014 by Ord. No. 9-2014]
Within 12 hours from the time of removal of any vehicle under authority granted by this chapter, notice of the fact that such vehicle has been impounded shall be sent by the Chief of Police of the Borough or by the Parking Director for vehicles that were booted pursuant to the authority in Article
XI 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.
[Amended 7-16-2014 by Ord. No. 9-2014]
The payment of any towing and impounding charges authorized
by this chapter 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 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 magistrate or court of record having
jurisdiction, in which case such defendant shall be proceeded against
and shall receive such 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.
[Amended 7-16-2014 by Ord. No. 9-2014]
The Chief of Police or Parking Director in cases of vehicles
impounded after booting 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.
[Added 4-20-2005 by Ord. No. 8-2005]
A. An owner of private commercial property which provides
two or more off-street parking spaces for use by its employees, customers
and patrons shall erect a sign no greater than two square feet in
area which notifies the public as follows:
(1)
The property is privately owned;
(2)
Parking is reserved for use by employees and
patrons of the commercial business and all other parking is prohibited;
(4)
The name, address, and phone number of the towing
company which will perform the towing.
B. The property owner shall not tow unauthorized vehicles
from the private property unless such sign is posted in a conspicuous
location on the private property so that it is easily recognized and
clearly legible for the public.