The Mayor or any member of the Police Department
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, nevertheless,
that no such vehicle shall be removed or impounded except in strict
adherence to the provisions hereof.
[Amended 8-26-1998 by Ord. No. 458-98]
A.
The Borough, when necessary, will solicit bids and
enter into annual contracts with one or more reputable private towers
to tow vehicles illegally parked, wrecked, abandoned or ceased within
the Borough when such towing services are authorized by the Chief
of Police. Said towing companies shall have a minimum bonding of $25,000.
The Borough Council shall approve that all towing companies must meet
the minimum criteria that are reputable and meet the requirement for
a bond of $25,000. The list of towing companies being awarded contracts
with the Borough will be attached to this part.[1]
[1]
Editor's Note: Said list is on file in the
Borough offices and may be examined there during regular office hours.
B.
The approved garages shall submit to the Borough their
schedule of charges for towing and storage of vehicles. Said charges
shall be subject to approval by the Borough. The Borough shall delete
any garages that make an unapproved charge in connection with any
vehicle removed or impounded under this part.
Every such approved storage garage or pound
shall be bonded in the amount of $25,000 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.
Within 12 hours from the time of removal of
any vehicle under the authority of this part, 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. Such notice shall be given personally, or by
registered or certified mail, marked "Deliver to Addressee Only."
A.
The payment of any towing and impounding charges authorized
by this part shall, unless 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.
B.
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 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 as in such other cases.
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
herein 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 part 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.
