[Amended 4-2-2007 by Ord. No. O-07-3, approved 4-2-2007]
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.