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 provisions of the law or of any ordinance of the
Borough. Provided: no such vehicle shall be removed or impounded except
in strict adherence to the provisions of this article.
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 rights as
to appeal and waiver of hearing.
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 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.