The Police Department of the Borough of Jacobus is hereby authorized
to remove and impound or to order the removal and impoundment of any
vehicle parked upon any street, alley, highway or public property
in the Borough in violation of any provision of the law or of any
ordinance of the Borough, provided no vehicle shall be removed for
overtime parking.
The Borough Council shall have authority to designate, from
time to time, one or more garages as approved storage garages, to
serve as a pound for the storage of such impounded vehicles.
Every such approved storage garage shall have authority to charge
the owner of record of every such impounded vehicle the towing and
storage charges that shall be fixed and approved by resolution of
the Borough Council.
Every such approved storage garage shall furnish a bond, in
an adequate amount as shall be fixed by the Borough Council, for the
indemnifying of the owner of any such impounded vehicle against the
loss thereof, or injury or damage thereto, while in the custody of
the keeper of the pound.
Within 72 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 Pennsylvania Department of
Transportation to the owner of record of such vehicle. Such notice
shall include the make, model, title number, vehicle identification
number and registration plate number, the location the vehicle is
held, notification of the right to reclaim said vehicle within 30
days after the date of the notice upon payment of a fee of $25, towing
and storage charges, and notification that failure to reclaim said
vehicle is deemed consent to the disposition of the vehicle.
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 authorized
by this article 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 the defendant shall be
proceeded against and shall receive such notice as is provided for
by the Vehicle Code[1] in other cases of summary offenses and shall have the
same rights as to appeal and waiver of hearing.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
The Police Department shall keep a record of all vehicles impounded,
and it shall be able, at all reasonable times, to furnish the owners
or agents of the owners thereof information as to the place of storage
of such vehicles.
The payment of towing and storage charges shall not operate
to relieve the owner or operator of any vehicle from liability for
any fine or penalty for the violation of any law or ordinance on account
of which such vehicle was removed and impounded.
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.
