[Adopted 8-17-1964 by Ord. No. 2715]
For the preservation of public peace, health
and safety, the Mayor is hereby authorized and directed to designate
a storage garage or garages, subject to the approval of City Council,
as an official pound or pounds to which vehicles impounded as hereinafter
provided shall be removed.
[Amended 6-11-1974 by Ord. No. 2924; 11-28-1995 by Ord. No. 3163]
Whenever any vehicle shall be found parked in
violation of any law or any ordinance of the City of Bradford now
or hereafter in force, such vehicle shall be removed, upon the authorization
of the City Council or its authorized representative, to the official
pound, provided that no vehicle shall be towed away if at the time
of the intended removal the owner or person for the time being in
charge thereof is present and shall express a willingness and intention
to immediately remove such vehicle.
[Amended 11-28-1995 by Ord. No. 3163; 5-28-2002]
The person removing or directing the removal
of any vehicle shall immediately make a report thereof to the Chief
of Police or the officer in charge, giving the registration number
and the location of the pound to which the vehicle has been removed
and the reason for its removal, and as soon as practicable from the
time of the removal of any vehicle, provided that the vehicle has
not already been released from the pound, the City Council or its
authorized representative shall notify the owner of such vehicle by
registered mail, restricted delivery that the same has been impounded,
designating the place from which such vehicle was removed, the reason
for its removal and impounding, and the pound in which it has been
impounded. The Police Department shall keep a record of all vehicles
impounded and be able at all times to furnish the owners or agents
thereof with information as to the place of impounding.
[Amended 5-28-2002]
Before the owner or his agent shall be permitted
to remove an impounded vehicle from such pound, he shall pay to the
person in charge of the official pound or his agent the actual towing
and storage charges incurred by the City and procure from said individual
a release indicating whether or not payment was made under protest.
The payment of the towing and storage charges
shall not operate to relieve the owner from liability for any fine
or penalty for violation of any law or ordinance on account of which
the vehicle was impounded, and provided, further, that payment of
such charges, unless made under protest, shall be final and conclusive
and shall constitute a waiver of any right to recover the money so
paid.
In the event that towing and impounding charges
are paid under protest, the offender shall be entitled to a hearing
before an Alderman or Justice of the Peace having jurisdiction, in
which case the defendant shall be proceeded against and receive such
notice as is provided by the Vehicle Code[1] in other cases of summary offenses and shall have the
same rights as to appeal and waiver of hearing. If the Alderman or
Justice of the Peace shall, in accordance with law, acquit the defendant,
the Alderman or Justice of the Peace shall forthwith certify to the
City Treasurer the facts, and the City Treasurer shall, within five
days, refund to the defendant the amount of said towing and storage
charges paid by him or in his behalf.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101
et seq.
[1]
Editor's Note: Former § 210-47,
Towing notice form, was repealed 5-28-2002.
[Amended 11-28-1995 by Ord. No. 3163]
The City Council or its authorized representative
is hereby empowered, authorized and directed to rent or partially
rent a garage or garages for the storage of vehicles impounded under
the provisions of this Article.
[Amended 9-20-1965 by Ord. No. 2730; 11-28-1995 by Ord. No. 3163]
If at the expiration of 30 days after mailing of the notice provided for in § 210-43 above such vehicle is not redeemed by the owner or his agent, the City Council or its authorized representative shall proceed to sell the same at public auction after first giving notice of such sale by publication in a newspaper of general circulation in the City once a week for a period of three weeks before the day fixed for such sale. Such notice, in addition to the time and place of such sale, shall describe the vehicle to be sold with reasonable certainty, giving the manufacturer's trade name and make, motor number and license number and shall state to whom, if anyone, the records of the commonwealth show the vehicle to belong. If the name and address of the owner shall be known, the City Council or its authorized representative shall send him a copy of said published notice promptly after the first publication of the same. The proceeds of such sale, after the payment of all expenses thereof, shall be paid to the City. At any time within six months after such sale, the former owner of the vehicle sold, upon application to the City Council or its authorized representative and upon presentation of satisfactory proof that he was the owner of said vehicle and the furnishing of such reasonable indemnification bond to the City as the City Council or its authorized representative may require, shall be paid the net balance remaining from such sale as was paid to the City.
