The Chief of Police, or in his absence, any regular Police Officer of the Borough, is hereby authorized to remove and impound or to order removal and impounding of any motor vehicle parked on any of the streets hereinabove designated as "No Parking" areas; provided that no vehicle shall be removed or impounded except in strict adherence to the following provisions:
(a) The Chief of Police, or in his absence, the regular police officer, ordering the removal and impounding of the illegally parked vehicle, within twelve hours from the time of removal of any motor vehicle under the authority granted by this article, shall serve notice in writing to the registered owner at his last registered address of the fact that such vehicle has been impounded. 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 has been impounded.
(b) The Chief of Police shall keep a record of all motor vehicles impounded and shall be able at all reasonable times to furnish the owner or agent of the owner thereof with information as to the place of storage of such vehicle.
(c) No motor vehicle shall be impounded except at an approved storage garage.
(d) The payment of any towing and impounding charges authorized by this article shall, unless such payment shall be made "under protest", be final and conclusive and shall constitute a waiver of any right to recover the payment so made; but in the event that such towing and impounding charges shall be paid "under protest", the offender shall be entitled to a hearing before the Mayor or any Justice of the Peace having jurisdiction, in which case such offender shall be proceeded against and shall receive such notice as is provided by the Motor Vehicle Code of the Commonwealth of Pennsylvania in other cases of summary offenses and shall have the same right as to appeal and waiver of hearing.
(e) The payment of towing and storage charges shall not operate to relieve the owner or operator of any motor vehicle so illegally parked from liability for any fine or penalty for the violation on account of which the vehicle was removed and impounded.
(f) 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 motor vehicle is present and expresses a willingness and intention to remove the illegally parked vehicle immediately.
(Ord. 628. Passed 6-18-62.)