The Chief of Police of the 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 that no such vehicle shall be removed
or impounded except in strict adherence to the provisions of this
article.
The Borough Council is hereby authorized to
designate approved storage of such impounded vehicles.
Every such approved storage garage or pound
shall be bonded in the amount of $20,000 for 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.
The towing charge to be collected by every such
poundkeeper shall be $50 and the storage charge shall be $5 for the
first day and $3 for each additional day.
Within 12 hours from the time of removal of
any vehicle under authority granted by this article, notice of the
fact that such 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 such 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 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 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.
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 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.