The Borough of Moosic shall have authority to
remove and impound or to order the removal and impounding of any vehicle
parked overtime or otherwise illegally violating this chapter, and
provided that no such vehicle shall be removed or impounded except
in strict adherence to the provisions of this article.
Removal and impounding of vehicles under this
article shall be done only by approved storage garages or Borough
facilities designated from time to time by the Borough of Moosic.
Every such garage shall submit evidence to the Borough of Moosic that
it is bonded or has acquired liability insurance in an amount satisfactory
to the Borough of Moosic as sufficient to indemnify owners of impounded
vehicles against loss or damage to those vehicles while in the custody
of the garagekeeper for the purpose of towing or storage. The approved
storage garage shall submit to the Borough of Moosic its schedule
of charges for towing and storage of vehicles under this article,
and, when the schedule is approved by the Borough of Moosic, those
charges shall be adhered to by the approved storage garage. No different
schedule of charges shall be adopted without approval of the Borough
of Moosic, and no different charges shall be demanded of or collected
from any person whose vehicle is removed or impounded under this article
by any approved storage garage. The Borough of Moosic shall delete
from its list of approved storage garages any garage that makes any
unapproved charge in connection with any vehicle removed or impounded
under this article.
Within 24 hours from the time of removal of
any vehicle under authority granted by this chapter, notice of the
fact that the vehicle was removed shall be sent by the Borough of
Moosic to the owner of record of the vehicle. The notice shall designate
the place from which the vehicle was removed, the reason for its removal
and impounding and the location where the vehicle is impounded.
The payment of any towing and storage charges
authorized by this chapter shall, unless payment is made under protest,
be final and conclusive and shall constitute a waiver of any right
to recover the money so paid. If payment of any towing or storage
charge is made under protest, the offender shall be entitled to a
hearing before a District Justice. Payment of towing and storage charges
shall not relieve the owner or driver of any vehicle from liability
for any fine or penalty for the violation of the provision of this
chapter for which the vehicle was removed or impounded.
The Borough of Moosic shall cause a record to
be kept of all vehicles impounded under this chapter and shall be
able at all reasonable times to furnish the owners or the agents of
the owners of those vehicles with information as to the place of storage
of the vehicle.
No vehicle shall be removed under the authority
of this chapter if, at the time of the intended removal, the owner
or the person for the time being in charge of the vehicle is present
and expresses a willingness and intention to remove the vehicle immediately.
