[HISTORY: Adopted by the Borough Council of the Borough of Aldan
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-11-1963 by Ord. No. 275]
The Chief of Police is hereby authorized to remove and impound or to
order the removal and impounding of any vehicle parked on any street, highway
or public property of the Borough or any abandoned or wrecked vehicle parked
in violation of any of the laws of the commonwealth or of any ordinance of
this Borough.
[Amended 12-12-2001 by Ord. No. 479]
A.
Any vehicle (other than a pedalcycle) shall be considered
an abandoned vehicle where at least one or more of the following conditions
are found applicable:
(1)
The vehicle does not bear, as required by the Motor Vehicle
Code of the Commonwealth of Pennsylvania (codified at 75 Pa.C.S. § 101
et seq.), any one of the following:
(2)
The vehicle has remained on private property, without
the consent of the owner or person in control of the property for more than
48 hours.
B.
Any vehicle (other than a pedalcycle) shall be considered
a wrecked vehicle where at least one or more of the following conditions are
found applicable:
(1)
The vehicle is inoperable, as a result of a collision
or other source of damage to said vehicle, for a period of seven calendar
days.
(2)
The vehicle is in a dismantled or partially dismantled
condition and remains inoperable for a period in excess of seven calendar
days.
(3)
The vehicle is inoperable as a result of a mechanical
failure which goes unrepaired for a period in excess of 30 calendar days.
[Amended 12-12-2001 by Ord. No. 479]
A.
The following firm or facility is designated as an approved
storage garage or pound for storage of impounded vehicles: Suburban Collision
Specialists, Inc. of Glenolden, Pennsylvania.
B.
The approved storage garage or impoundment facility may
be changed from time to time by the Council of the Borough of Aldan by resolution.
[Amended 12-12-2001 by Ord. No. 479]
A.
Every approved storage garage or impoundment facility
shall maintain a minimum of $500,000 of liability/bodily injury damage insurance
and a minimum of $50,000 of insurance for property damage.
B.
Further, each such approved storage garage or impoundment
facility shall file a certificate of insurance yearly with the Borough Secretary
in order to evidence such levels of insurance coverage.
C.
The Borough Council may, from time to time, alter the
amounts of insurance coverage required by the approved storage garage or impoundment
facility by resolution.
[Amended 11-12-1975 by Ord. No. 336; 12-12-2001
by Ord. No. 479]
Within 12 hours from the time of removal of any vehicle under authority
granted by this article, notice of the fact that such vehicle has been impounded
shall be sent by the police for the Borough to the owner of record of such
vehicle. Such notice shall designate the place from which said vehicle was
removed, the reason for its removal and impounding and the pound in which
it shall have been impounded.
The payment of any towing and impounding charges authorized by this
article shall, unless such payment shall have been made "under protest," be
final and conclusive and shall constitute a waiver of any right to recover
the money so paid.
In the event that any towing and impounding charges so imposed shall
be paid "under protest," the offender shall be entitled to a hearing before
a Magistrate or court of record having jurisdiction, in which case such defendant
shall be proceeded against and shall receive such notice as is provided by
the Vehicle Code[1] in other cases of summary offense and shall have the same rights
as to appeal and waiver of hearing.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
The Chief of Police shall keep a record of all vehicles impounded and
shall be able at all reasonable times to furnish the owners or agents of the
owners thereof with information as to the place of storage of such vehicles.
The payment of towing and storage charges shall not operate to relieve
the owner or operator of any vehicle from liability for any fine or penalty
for the violation of any law or ordinance on account of which said vehicle
was removed and impounded.
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 vehicle is present and expresses a willingness and
intention to remove such vehicle immediately.
[Added 9-8-1971 by Ord. No. 312;
amended 2-11-1998 by Ord. No. 470]
Any person, firm or corporation who or which shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay a fine
of not more than $600, plus costs of prosecution, and in default of payment
of such fine and costs shall be imprisoned for a term not to exceed 30 days.
Every day that a violation of this chapter continues shall constitute a separate
offense.
[Adopted 10-12-1977 by Ord. No. 355]
It shall be the duty of all owners, occupants and tenants of occupied
properties and all owners, occupants, tenants and possessors of vacant ground
of the Borough of Aldan to cause said properties or vacant ground to be kept
clear of abandoned or junked motor vehicles, bicycles, refrigerators, appliances
and similar trash on their respective premises, and if such owner, occupant,
tenant or possessor of aforesaid shall permit or suffer the same to collect
or remain thereon for more than seven days after notice from the Police Department
to remove the same, which notice shall be served upon the owner, occupant,
tenant or possessor of said property or mailed by regular United States Mail
to the owner of the same at his last known address, such owner, occupant,
tenant or possessor shall be subject, upon the summary conviction thereof
before a District Justice, to a fine of $75 and costs of prosecution and,
in default of payment thereof, shall undergo imprisonment in a county jail
for a period not exceeding 10 days.
If such owner, occupant, tenant or possessor shall not remove such abandoned
or junked motor vehicles, bicycles, refrigerators, appliances and similar
trash from his property within seven days after notice from the Police Department
to remove the same, it shall be within the discretion of the Mayor and Police
Department of the Borough, upon the concurrence of the Borough Council, to
effect the removal of the same, and the cost of such work, together with a
penalty of 20% of such costs, shall be collected from the owner, occupant,
tenant or possessor of such property in the manner provided by law for the
collection of municipal claims or by action of assumpsit.
