[HISTORY: Adopted by the Board of Supervisors of the Township of Newtown 10-14-1974 as Article 525 of the Codified Ordinances of Newtown Township 1973. Amendments noted where applicable.]
[Amended 4-24-1995 by Ord. No. 1995-2]
As used in this chapter, certain terms are defined as follows:
ABANDONED
Includes any vehicle which is found unattended without the current year's registration, state inspection or identification markers as required by law and/either has been continuously parked in any public street, public land or private property for a period of 10 or more consecutive days or is so disabled as to be incapable of being operated under its own power or is without one or more tires.
[Amended 8-18-2003 by Ord. No. 2003-02; 2-22-2016 by Ord. No. 2016-05]
JUNKED MOTOR VEHICLE
Any vehicle which is wholly unfit to be operated or which has been discarded from actual use or which is good only for scrap.
MOTOR VEHICLE
Any vehicle as defined by the Motor Vehicle Code of Pennsylvania.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[Amended 4-24-1995 by Ord. No. 1995-2]
A. 
No person shall cause a vehicle to be abandoned upon any public or private lands in the Township or upon any street or highway, except that nothing herein contained shall prohibit any person from parking, storing or repairing a vehicle upon private or public property where authorized under the laws of the Commonwealth of Pennsylvania or the laws of the Township, and nothing shall prohibit the placing, keeping or storing of any vehicle in an enclosed garage or other building.
B. 
Except as permitted in Subsection A above, no person shall place, keep or store or permit the placing, keeping or storing of any junked vehicle on any public or private property within the Township or upon the streets or highways in the Township.
A. 
All abandoned and junked vehicles shall be removed by the owner thereof or by the owner or occupant of the private property on which any such vehicle is located. Upon the failure of the owner of any abandoned or junked vehicle or of the owner or occupant of the private property on which the abandoned or junked vehicle is located to remove the vehicle within seven days after receiving written notice to do so from the Police Department, such notice being given either by personal service or by certified mail to the owner of such abandoned vehicle or to the owner or occupant of such private property, the Police Department may remove the same or cause the same to be removed.
[Amended 4-24-1995 by Ord. No. 1995-2]
B. 
The Chief of Police or someone at his direction, within 24 hours after any vehicle has been removed and impounded, shall notify the owner of record of any such vehicle, either by personal service or by certified mail, and also 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.
A. 
In removing any abandoned or junked vehicle, the Police Department shall cause the same to be towed away and stored by such towing services or garages as are approved by the Chief of Police.
[Amended 4-24-1995 by Ord. No. 1995-2]
B. 
Any approved towing service or garage, prior to engaging in any towing away and/or storing of any vehicle hereunder, may be required to file a surety bond with the Township, such bond to indemnify the Township and the owner of any impounded vehicle against loss thereof or injury or damage thereto while any vehicle is in the custody of such garage.
C. 
Specific towing and storage charges to be made under this chapter shall be fixed from time to time by the Board of Supervisors.
A. 
The owner of any impounded vehicle shall be entitled to recover possession of such vehicle upon the payment to the Township of the towing and storage charges.
B. 
The payment of such 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 owner shall be entitled to a hearing before a Magisterial District Judge or a court of record having jurisdiction, as in the case of a prosecution as in other cases of summary offenses under the Motor Vehicle Code of Pennsylvania,[1] and the Magisterial District Judge or court of record shall proceed in accordance with Paragraph 1103 of the Motor Vehicle Code of the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[Amended 4-24-1995 by Ord. No. 1995-2]
In the event that the Police Department is unable to ascertain the ownership of an abandoned or junked vehicle found upon private property, the Chief of Police or someone at his direction may notify the owner or occupant of the private property in writing, either by personal service or certified mail, to remove such vehicle to an authorized junk or scrap yard within seven days of receipt of the written notice. Upon failure of the property owner or occupant to remove the vehicle as requested or in the event any such vehicle is found upon the streets or highways of the Township and the Police Department is unable to ascertain the ownership thereof, the Police Department may remove the same or cause the same to be removed to an authorized junk or scrap yard.
[Amended 4-24-1995 by Ord. No. 1995-2]
The owner of any abandoned or junked vehicle or the owner or occupant of any private property on which any such vehicle is located may arrange with the Chief of Police to have such vehicle towed away to a garage as a pound for the storage of such vehicles or to an authorized junk or scrap yard upon prepayment of a charge satisfactory to the Township Manager.
[Amended 4-24-1995 by Ord. No. 1995-2]
Where an abandoned or junked vehicle is removed under the provisions of this chapter 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 the same, the Chief of Police shall be authorized to report or cause to be reported the abandonment of such vehicle to the Department of Revenue of the Commonwealth of Pennsylvania, as provided in the Motor Vehicle Code.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
Whoever violates any provision of this chapter shall be fined not more than $50 per day for each day that the violation continues and, in default of payment thereof, shall be imprisoned not more than 10 days.