[HISTORY: Adopted by the Board of Commissioners
of the Township of Haverford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-14-1966 by Ord. No. 1282]
It shall be unlawful for the owner of any motor
vehicle to allow, or for any person to park, a disabled motor vehicle
or permit a disabled motor vehicle to stand, whether attended or unattended,
upon any private property within the Township of Haverford for a period
of more than 72 consecutive hours.
[Amended 5-9-1994 by Ord. No. 2203]
Any disabled motor vehicle, as defined hereunder,
is declared to be detrimental to the health, safety and welfare of
the public and, as such, is deemed a public nuisance.
[Amended 5-9-1994 by Ord. No. 2203]
A "disabled motor vehicle" shall be a vehicle
which meets one or more of the following conditions:
A.
Any sharp or protruding metal, broken or missing glass
or rusted cavities.
B.
A vehicle suspended from a lift, supported by jacks
or propped up by another object which is not part of said disabled
vehicle.
C.
A vehicle which has any missing parts or which would
allow for the harborage of vermin.
D.
A vehicle which does not bear a current registration
or inspection sticker.
An "emergency situation" is one which is caused
by accident, casualty or other unexpected circumstances which renders
a motor vehicle inoperative or immobile, provided that no such emergency
situation shall be deemed to exist for a period of more than 24 consecutive
hours after such accident, casualty or other unexpected circumstances.
In any proceeding for a violation of the provisions
of this article, the registration plate, if any, displayed on such
motor vehicle shall be prima facie evidence that the owner of the
said motor vehicle was in possession and control of said motor vehicle
at the time of said violation. In addition the ownership of any private
property on which a violation occurs shall also be prima facie evidence
that the owners of said property were also in possession and control
of the said motor vehicle at the time of said violation. Proceedings
may be brought either against the owners of the motor vehicle or the
owners of the property, or both.
Any motor vehicle found upon private property
within the Township of Haverford in violation of any provision of
this article may be removed and impounded.
[Amended 6-30-1986 by Ord. No. 1960]
[Amended 2-8-1993 by Ord. No. 2168]
The charges for the removal, towing, storage
and/or impounding of motor vehicles in violation of this article shall
be fixed by resolution of the Board of Commissioners. Such charges
shall be paid by the owners of said motor vehicles, by the owners
of the property upon which the said vehicle(s) is (are) found, by
the person who is deemed to have caused the violation of this article
or by all of them.
Within 12 hours from the time of the removal
of any motor vehicle as provided under this article, notice of the
fact that such motor vehicle has been impounded shall be sent by the
Township of Haverford Police Department to the owner of record of
such motor vehicle, to the owner of or the person in possession of
the property from which removed or to the person who was deemed to
have caused the violation of this article, designating the place from
which said motor vehicle was removed, the reason for its removal and
impounding and the pound in which it has been impounded.
The payment of any charges imposed under this
article, unless such payments shall be made under protest, shall be
final and conclusive and shall constitute a waiver of any right to
recover this money so paid.
In the event that the removal, towing, storage
and impounding charges are paid under protest, the person so paying
shall be entitled to a hearing before a Justice of the Peace, in which
case said person shall be proceeded against and receive such notice
as is provided by the Motor Vehicle Code of the Commonwealth of Pennsylvania.
The period of time in which the information under the said Motor Vehicle
Code need be filed shall be computed from the date of the removal
or towing or the date of payment under protest, whichever is later.
[Amended 6-30-1986 by Ord. No. 1960; 6-13-1988 by Ord. No.
2019; 3-12-2012 by Ord. No. 2660]
Any person, firm or corporation violating any
provision of this article shall, in addition to the other charges
hereinbefore provided, upon summary conviction before any District
Justice of the Peace, pay a fine not exceeding $600 and costs of prosecution;
and in default of one payment of the fine and costs, the violator
may be sentenced to the county jail for a term of not more than 30
days. Each and every day in which any person, firm or corporation
shall be in violation of this ordinance shall constitute a separate
offense.
Nothing in this article shall be deemed to prohibit
or prevent any person from parking, storing or repairing a motor vehicle
within an enclosed building or garage where such parking, storing
or repairing is not prohibited by the Zoning Ordinance[1] of the Township of Haverford.
Nothing in this article shall be deemed to prohibit
or prevent any person who has properly been granted permission by
law, ordinance or zoning authority to park, store or repair a motor
vehicle from so doing, provided further that the zoning order does
not itself prohibit or prevent such parking, storing or repairing.
