A.
The Police Department of the Borough of Morrisville
is hereby authorized to remove and impound, or to order the removal
and impoundment of any vehicle parked upon any street, alley, highway
or public property in the Borough in violation of any provision of
the law or of any ordinance of the Borough; provided, no vehicle shall
be removed for overtime parking.
B.
Any Police Officer may remove or cause to be removed
to a place of safety any unattended vehicle illegally left standing
upon any highway, alley, trafficway, bridge, causeway or in any tunnel,
in such position or under such circumstances as to interfere unduly
with the normal movement of traffic or constitute a safety hazard.
The Borough Council shall have authority to
designate, from time to time, one or more garages as approved storage
garages, to serve as a pound for the storage of such impounded vehicles.
Every such approved storage garage shall have
authority to charge the owner of record of every such impounded vehicle
the towing and storage charges that shall be fixed and approved by
resolution of the Borough Council.
Every such approved storage garage shall furnish
a bond in an adequate amount as shall be fixed by the Borough Council
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 the keeper of the pound.
The Chief of Police Department shall keep a
record of all vehicles impounded under the provisions of this code,
and shall be able at all reasonable times to furnish the owners or
agents of the owners thereof, information as to the place of storage
of such vehicles.
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, authorized by this Article V 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 by the Vehicle Code, 75 P.S. §§ 101-9701 (1977), as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania, in other cases of summary offenses, and shall have the same rights as to appeal and waiver of hearing.
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.
No vehicle shall be removed under the authority of this Article V, 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.
Police officers shall not be liable for any action taken under the provisions of this Article V except in cases of gross negligence.
