[Amended 1-8-2015 by Ord.
No. 380]
The Schwenksville Borough Mayor, or Code Enforcement
Officer designated by Council, the Pennsylvania State Police or other
police department as may be contracted by Schwenksville 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, however, that no
such vehicle shall be removed or impounded except in strict adherence
to the provisions of this article.
[Amended 6-13-1991 by Ord. No. 245; 9-10-1992 by Ord. No. 255; 1-8-2015 by Ord. No. 380]
All such removal and impoundment shall be to
such garage or garages as shall hereafter be approved and designated
by resolution of the Borough Council of the Borough of Schwenksville.
[Amended 1-13-2005 by Ord. No. 327]
Every such approved storage garage or pound
shall be bonded in an amount as set from time to time by resolution
of Borough Council 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.
[Amended 6-13-1991 by Ord. No. 245; 9-10-1992 by Ord. No. 255; 1-13-2005 by Ord. No. 327]
The towing charge to be collected by every such
poundkeeper shall be set from time to time by resolution of Borough
Council, and storage charges shall also be set from time to time by
resolution of Borough Council.
[Amended 1-8-2015 by Ord.
No. 380]
Within 12 to 24 hours from the time of removal
of any vehicle under the authority granted by this article, notice
of the fact that such vehicle has been impounded shall be sent by
the Mayor of the Borough or designee 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.
[Amended 1-8-2015 by Ord.
No. 380]
A.
No person, owner or operator of any motor vehicle
removed, towed and/or stored under the provisions of this article
shall be entitled to reclaim the motor vehicle unless or until all
towing and storage charges have been paid to the towing and storage
agent of Schwenksville Borough in full.
B.
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.
C.
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 District Justice or court of record having jurisdiction,
in which case 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.
[Amended 1-8-2015 by Ord.
No. 380]
The Schwenksville Mayor, or Code Enforcement
Officer designated by Schwenksville Council, or person designated
by Council 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.
