[Ord. 618, 5/13/1974, § 1]
ABANDONED MOTOR VEHICLE
Any motor vehicles which is found without the current year's
registration or identification markers as required by law, has been
continuously parked on public or private property for a period of
10 days, and is so disabled as to be incapable of being operated under
its own power or is without one or more tires.
MOTOR VEHICLE
Any vehicle which is self-propelled as defined by the Vehicle
Code, 75 Pa.C.S.A. § 101 et seq.
[Ord. 618, 5/13/1974, § 2]
It shall be unlawful for any person to cause or allow a motor
vehicle to be abandoned upon any public or private lands in the Borough
of Hatboro; except that nothing herein contained shall be deemed to
prohibit any person from parking, storing or repairing a motor vehicle
upon private or public property where authorized under the laws of
the Borough of Hatboro, nothing shall be deemed to prohibit the parking,
storing or repairing of a motor vehicle which bears the current year's
registration or identification marker as an antique vehicle as registered
with and issued by the Commonwealth of Pennsylvania.
[Ord. 618, 5/13/1974, § 4]
All abandoned motor vehicles shall be removed by the owner or
operator thereof or by the owner or occupant of the private property
on which the said motor vehicle is abandoned. Upon the failure of
the owner or operator of any abandoned motor vehicle to remove the
same within 24 hours after receiving notice from the Borough of Hatboro
Police Department to remove the same, such notice being given whether
by personal service or by certified mail to the owner or operator
of such abandoned motor vehicle or to the owner or occupant of the
private property on which the said abandoned motor vehicle is found,
the Borough of Hatboro Police Department may remove the same or cause
the same to be removed.
[Ord. 618, 5/13/1974, § 5]
In removing any such abandoned motor vehicles, the Borough of
Hatboro Police Department shall cause the same to be towed and stored
by such garages or towing services as are designated by the Chief
of Police of Hatboro to be approved storage garages or pounds for
the storage of such vehicles.
[Ord. 618, 5/13/1974, § 6]
Any designated storage garage, prior to engaging in any towing
away and/or storing of any vehicle hereunder, shall file a surety
bond with the Borough of Hatboro, said bond to indemnify the Borough
of Hatboro and the owner of any impounded vehicle against loss thereof
or injury or damage thereto while any vehicle, is in custody of such
garage.
[Ord. 618, 5/13/1974, § 7; as amended by Ord. 620,
6/10/1974, § 1]
Specific towing and storage charges to be made under this Part
shall be the same as paid by the Borough to the towing and storage
operator and such rates shall be posted in the Borough Building.
[Ord. 618, 5/13/1974, § 8]
The Chief of Police, or someone at his discretion, within 12
hours after any vehicle has been removed and impounded, shall notify
the owner of record or the operator of any such vehicle, either by
personal service or by certified mail, or the owner or occupant of
the property from which any such vehicle has been removed, in like
manner, of the fact that such vehicle has been impounded, the place
from which it was removed, the reason for its removal and impounding
and the place where the vehicle has been impounded.
[Ord. 618, 5/13/1974, § 9]
The owner or operator of any impounded vehicle shall be entitled
to recover possession of such vehicle upon the payment to the Borough
of the towing and storage charges as above set forth.
[Ord. 618, 5/13/1974, § 10; as amended by Ord.
1005, 5/23/2011]
The payment of such towing and storage charges, unless made
under protest, shall be final and conclusive and shall constitute
a waiver of any right to recover the money so paid. In the event that
the towing and impounding charges are paid under protest, the offender
shall be entitled to a hearing before a magisterial district judge
or a court of record having jurisdiction.
[Ord. 618, 5/13/1974, § 11]
In the event that the Police Department shall be unable to ascertain
the ownership of an abandoned motor vehicle found upon private property,
the Chief of Police, or someone at his discretion, within 12 hours
after which the vehicle has been found by the police, may notify the
owner or occupant of the private property, by certified mail that
such vehicle exists, and thereafter the said owner or occupant of
the private property shall cause the abandoned motor vehicle to be
removed to an authorized junk or scrap yard within 48 hours.
[Ord. 618, 5/13/1974, § 12]
If the owner or occupant of such private property shall fail
to remove the abandoned motor vehicle as set forth in this section,
the said owner or occupant shall be subject to the penalties provided
in § 10-314 of this Part. Each day that the motor vehicle
is permitted to remain shall constitute a separate offense and distinct
violation.
[Ord. 618, 5/13/1974, § 13]
Where an abandoned motor vehicle is removed under the provisions
of this Part and it remains unclaimed for a period of 15 consecutive
days without being removed by its owner or any other person duly authorized
to remove same, the Chief of Police shall be authorized to report
or cause to be reported such abandonment to the Department of Revenue
of the Commonwealth of Pennsylvania, as provided in the Vehicle Code
or otherwise.
[Ord. 618, 5/13/1974, § 14; as amended by Ord.
835, 12/18/1989; and by Ord. 907, 9/23/1996, § 10-313]
Any person who shall violate the terms of this Part shall upon
conviction thereof, be sentenced to pay a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 30 days. Each day that a violation
of this Part continues shall constitute a separate offense.