A.
No person shall abandon a vehicle upon any public property,
highway, street or private property without the express or implied consent
of the owner or person in lawful possession or control of the property.
B.
It is unlawful for any person, except the owner or his
agent or as otherwise provided in this article, to remove any part of an abandoned
vehicle.
C.
Penalties.
(1)
Any person violating Subsection A is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100 for the first offense; $200 for a second offense; $300 for a third offense; $400 for a fourth offense and $500 for each offense thereafter.
[Amended 10-16-2007 by Ord. No. 126-2007]
Any police officer may remove or cause to be removed by a salvor or
warehouseman to his place of business or other place of safety any abandoned
vehicle, after giving notice to the owner in accordance with this article.
A.
Prior to removal of an abandoned vehicle bearing a registration
plate by which the last registered owner of the vehicle can be determined,
notice shall be sent by certified mail to the last registered owner of the
vehicle, informing the owner that, unless the vehicle is moved to a suitable
location within five days of the date notice is mailed, the vehicle will be
removed under this section and held at a suitable facility where it may be
reclaimed by the owner in accordance with the provisions of the Towing Ordinance.[1] If the abandoned vehicle does not bear an identifiable registration
plate, the notice may be secured to the vehicle.
B.
If, within five days of the date notice is mailed as required by Subsection A, the owner so requests, the owner shall be given an opportunity to explain to the police officer or Police Department why the owner believes the vehicle should not be moved. If the police officer or Police Department determines that the vehicle shall, nonetheless, be moved, the owner shall be given an additional 48 hours to move the vehicle or have it moved.
Any salvor taking possession of an abandoned vehicle pursuant to this
article shall, within 48 hours after taking possession, report to the Pennsylvania
Department of Transportation the make, model, vehicle identification number
and registration plate number of the abandoned vehicle and the name and address
of the owner or person who abandoned the vehicle, if known, together with
any other information or documents which the Department may, by regulation,
require. The report shall include a statement whether the vehicle is valueless
except for junk. Where the report indicates the vehicle is valueless except
for junk, the salvor shall include a photograph of the vehicle to be prepared
in the manner prescribed by the Pennsylvania Department of Transportation.
The report by a salvor that a vehicle is valueless except for junk shall be
verified by the Police Department, which authorized the towing of the vehicle
by the salvor.
The salvor shall provide to the Pennsylvania Department of Transportation
any and all notices required by the Vehicle Code. In addition, any and all
notices which are required to be published in a newspaper of general circulation,
or other publication, in the area where the vehicle was abandoned shall be
the responsibility of the salvor, and any and all costs of such public notice
shall be included in the cost of towing and storage. Any and all costs associated
with advertising under this article shall be the sole and exclusive responsibility
of the salvors, and the City shall not be required to reimburse for any such
costs. Any such public notice shall have the same effect as notice sent by
certified mail.
In the event that the owner or lienholder of an abandoned vehicle reclaims
the vehicle, the reclaiming party shall pay the costs for towing and storage
as provided for in the Towing Ordinance.[1]
The Pennsylvania Department of Transportation shall, after the expiration
of 30 days from the date of notice sent by certified mail to the registered
owner and all lienholders of record or 30 days after publication of the notice,
where applicable, and upon receipt of a written statement from the holder
of the vehicle that the abandoned vehicle has not been reclaimed by the owner
or lienholder within the thirty-day period, authorize the disposal of the
abandoned vehicle in accordance with the provisions of this article.
A.
If an abandoned vehicle having value has not been reclaimed
as provided in this article, the vehicle shall be sold at a public auction.
B.
The salvor shall give the purchaser a sales receipt and
shall apply to the Pennsylvania Department of Motor Vehicles for a title which
shall be free and clear of all previous liens and claims of ownership.
C.
From the proceeds of the sale of the abandoned vehicle,
the salvor shall be reimbursed for the costs of towing, storage, notice and
publication and the expense of auction, and the City of Scranton shall be
paid the appropriate fine and/or penalties. The remainder of the proceeds
of the sale shall be held for the owner of the vehicle or record lienholder
for 60 days from the date of sale and, if not properly claimed, shall then
be paid to the Police Department and transmitted to the Business Administrator
for deposit in the general fund.
If an abandoned vehicle is valueless except for junk, the salvor shall
note that fact in the report to the Pennsylvania Department of Transportation
as required by Section 7304 of the Pennsylvania Vehicle Code and shall apply
for issuance of a certificate of junk as provided for in Section 1117 of the
Pennsylvania Vehicle Code.
