The Chief of Police is hereby authorized to order the removal and impounding of any vehicle that is illegally parked or that has become stalled or disabled within the Borough limits, provided that no such vehicle shall be removed or impounded otherwise than according to the following provisions:
(a) Approved Storage Garage. The Borough Manager shall, from time to time, designate garages to serve as pounds for the storage of impounded vehicles and shall report to Council the towing and storage charges and the terms of the bonds to be provided by the owners of such garages for indemnifying the owners of such vehicles against the loss thereof or injury or damage thereto while the same are in the custody of such garage owners. When approved by Council such terms shall become effective.
(b) Notice. Within twelve hours from the time of removal of any vehicle under the authority of this section, notice thereof shall be sent by the Chief of Police to the owner of such vehicle, or his agent, designating the place from which such vehicle was removed, the reason for such removal and the garage to which the vehicle was removed.
(c) Payment of Charges. Payment by the owner or custodian of such vehicle of the towing and storage charges, unless made under protest, shall constitute a waiver of any right to contest the same. However, if such payment is made under protest, such owner or custodian shall be entitled to a hearing before a magistrate, justice or court of record having jurisdiction, in which case such owner or custodian shall be proceeded against as a defendant, shall receive such notice as is provided in the Vehicle Code of Pennsylvania in other cases of summary offenses and shall have the same rights as to appeal and waiver of hearing. Such payment shall not relieve the defendant of liability for any fine or penalty for violating any applicable ordinance or law.
(d) Rights of Owner. No vehicle shall be removed for impounding if the owner or custodian is then present and expresses a willingness and ability to remove such vehicle immediately. The Chief of Police shall keep a record of all vehicles impounded and shall be prepared at all reasonable times to furnish the owners or their agents information as to the place of storage of vehicles and the procedure for reclaiming them.
(Ord. 712. Passed 1-11-71. )