[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:
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]
Any vehicle which is wholly unfit to be operated or which
has been discarded from actual use or which is good only for scrap.
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.
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.
