[HISTORY: Adopted by the Borough Council
of the Borough of Bridgeport 8-21-2018 by Ord. No. 2018-006, approved 8-21-2018.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards and automobile graveyards — See Ch. 318.
Vehicle and traffic regulations — See Ch. 535.
[1]
Editor's Note: This ordinance also repealed former Ch. 528,
Vehicles, Abandoned, which consisted of Art. I, Impoundment and Storage
of Abandoned Vehicles, adopted 3-3-1969 by Ord. No. 309, as amended;
and Art. II, Storage of Junked Vehicles, adopted 3-3-1969 by Ord.
No. 310, as amended.
Because abandoned motor vehicles, as described herein, parked
on the streets and alleys in the Borough of Bridgeport affect the
Borough's ability to clean and repair streets and alleys; obstruct
and interfere with the proper movement of fire vehicles, emergency
vehicles and normal vehicular traffic; become the object of vandalism
and destruction; and create other public hazards upon the streets
of the Borough of Bridgeport, such abandoned motor vehicles parked
on any street or alley in the Borough of Bridgeport are declared a
public nuisance.
As used in this chapter, the following terms shall have the
meanings indicated:
A vehicle (other than a pedalcycle) shall be presumed to
be abandoned under any of the following circumstances, but the presumption
is rebuttable by a preponderance of the evidence:
The vehicle is physically inoperable and is left unattended
on a highway or other public property in the Borough of Bridgeport
for more than 48 hours.
The vehicle has remained illegally on a highway or other public
property for a period of more than 48 hours.
The vehicle has remained on private property without the consent
of the owner or person in control of the private property for more
than 24 hours.
It is illegal to abandon any vehicle within the Borough of Bridgeport
as defined by this chapter.
Any abandoned vehicle may be removed or caused to be removed
by the Bridgeport Police Department.
The Chief of Police or designee will establish procedures regarding
the notice to the last registered owner in accordance with 75 Pa.C.S.A.
§ 3352(d)(1)(2).
Removal and impounding of vehicles under this chapter shall
be done only by approved storage garages that shall be designated
from time to time by the Borough Council.
Each of the designated garages shall submit evidence to the
Borough Council that it is bonded or has acquired liability insurance
in an amount satisfactory to the Borough Council as sufficient to
indemnify owners of impounded vehicles against loss or damage to those
vehicles while in the custody of the garage keeper for the purpose
of towing or storage.
The charge for towing such vehicles and the charge for storage
per day shall be set from time to time by resolution of the Borough
Council.
Within five days from the time of removal of any vehicle under
authority granted by this chapter, notice of the fact that the vehicle
was removed shall be sent by the municipality to the owner of record
of the vehicle. The notice shall designate the place from which the
vehicle was removed, the reason for its removal and impounding and
the garage in which it was impounded.
The payment of any towing and storage charges authorized by
this chapter shall, unless payment is made under protest, be final
and conclusive and shall constitute a waiver of any right to recover
the money so paid. If payment of any towing or storage charges is
made under protest, the offender shall be entitled to a hearing before
a District Justice. Payment of towing and storage charges shall not
relieve the owner or driver of any vehicle from liability for any
fine or penalty for the violation of the provision of this chapter
for which the vehicle was removed or impounded.
Any person who shall be convicted of a violation of any of the
provisions of this chapter before any Magisterial District Judge shall
be punishable by a fine of not less than $40 nor more than $600 and
costs of prosecution or by imprisonment in the county jail for a term
not to exceed 30 days, or by both such fine and imprisonment. The
continuation of such violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for such separate offense.
