This article is enacted under authority of § 6109(a)(22)
of the Pennsylvania Vehicle Code and gives authority to the Borough
to remove and impound vehicles that are parked on the highways, streets
or public property in the Borough in violation of local ordinances.
The Borough shall have the authority to remove
and impound any vehicle by means of towing to the nearest approved
storage garage any vehicle that is parked on the highways, streets
or public property in the Borough in violation of local ordinances.
No vehicle shall be removed under the authority of this section 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.
The Borough shall have the authority to immobilize
any vehicle for up to 72 hours by means of applying a boot and then
towing to the nearest approved storage garage, if not reclaimed, any
vehicle that is parked on the highways, streets or public property
in the Borough and has three or more delinquent parking tickets for
which appropriate notice has been sent to the registered owner. In
any case involving immobilization of a vehicle pursuant to this section,
a notice shall be placed on such a vehicle in a conspicuous manner
sufficient to warn any individual that such vehicle has been immobilized
and that any attempt to move such vehicle may result in damage thereto
and that proof of payment of the delinquent parking tickets must be
presented to the Borough in order for the boot to be removed.
Within 12 hours from the time of removal of
any vehicle under authority granted by this article, notice of the
fact that the vehicle was removed and impounded shall be sent by the
Borough 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,
the garage in which it was impounded, the applicable fees and the
possibility that the vehicle will be sold at public auction if not
reclaimed within 15 days of issuance of the notice. When the Borough
intends to retain possession of the vehicle pending an investigation,
the notice shall so state, and the Borough shall issue a subsequent
notice informing the owner of the appropriate time that the vehicle
may be reclaimed.
The payment of any towing and storage charges
authorized by this article 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
charges 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.
When a vehicle has not been reclaimed within
15 days of issuance of notice that it is available to be reclaimed,
the Borough or its designated agent shall thereafter send notice to
the owner of record and all registered lienholders of the vehicle
informing such owner and lienholders that the vehicle may be reclaimed
upon proof of right to possession and payment of outstanding fees,
charges and fines and that the vehicle may be sold at public auction
if not reclaimed within 15 days.
Removal and impounding of vehicles under this
article shall be done only by approved storage garages that shall
be designated from time to time by the Borough Council. Every such
garage shall submit evidence to the Borough Council that it is bonded
or has acquired liability insurance in an amount satisfactory to the
Borough Council as sufficient to indemnify owners of impounded vehicles
against loss or damage to those vehicles while in the custody of the
garage keeper for the purpose of towing or storage. The approved garage
shall submit to the Borough Council its schedule of charges for towing
and storage of vehicles under this article and, when the schedule
is approved by the Borough Council, those charges shall be adhered
to by the approved storage garage. No different schedule of charges
shall be adopted without approval by the Borough Council, 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 Council 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.
The Borough shall cause a record to be kept
of all vehicles removed, impounded or immobilized under this article
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.