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 shall, by resolution, designate as approved storage garages as pounds for the storage of such impounded vehicles.
Every such approved storage garage or pound shall be bonded in the amount of $5,000 for the 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 $10 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 Magisterial District Judge or court of record having jurisdiction, in which case such defendant shall be proceeded against and shall receive such notice as is provided in the Vehicle Code in other cases of summary offenses, and shall have the same right as to appeal and waiver of hearing.
Editor's Note: See 75 Pa.C.S.A. § 3501 et seq.
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.
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.