[Ord. 417, 10/7/1991, § 1]
The practice of storing or depositing any abandoned or junked
automobiles, vehicles, machinery, or discarded equipment of any kind,
or parts thereof, in or on any public or private property, vacant
or occupied, within the Borough of East Lansdowne shall be deemed
to be and constitute a nuisance and is hereby prohibited.
[Ord. 417, 10/7/1991, § 2; as amended by Ord. 476,
6/14/1999, § 1]
Any one or more vehicles found to be on public or private property,
not within a completely enclosed structure or building, such as a
garage or accessory building, which can be easily secured from potential
health and safety hazards and which is found to be any one of the
following:
A.
A motor vehicle which does not carry current license plates, and
which has been parked in the same spot for three days or more, shall
be considered an abandoned vehicle;
B.
A junked vehicle is a vehicle for which a certificate of junk has
been issued by the Pennsylvania Secretary of Revenue or the official
designated by any other state to issue such certificates; and,
C.
A junked vehicle is any vehicle, providing that such vehicle is not registered with and certified by the Police Department as a repairable vehicle, as provided for in § 10-205, following, in or on which is found that any of the following conditions exist:
(1)
Its engine or motor or any other essential parts are inoperable
or have been removed for more than 30 days.
(2)
Its tires, or any tire, have been deflated or its wheel, or
wheels, have been removed for more than 24 hours.
(3)
It bears no registration plate and/or no official inspection
sticker, or any such sticker is not current by more than 30 days.
[Ord. 417, 10/7/1991, § 3; as amended by Ord. 476,
6/14/1999, § 2]
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year which has been maintained
in or restored to a condition which is substantial in conformance
with manufacturer's specifications. It must be registered as
an antique motor vehicle.
[Ord. 417, 10/7/1991, § 4; as amended by Ord. 476,
6/14/1999, § 3]
A self-propelled vehicle, but not a reproduction thereof, manufactured
more than 10 years prior to the current year and, because of discontinued
production and limited availability, determined by the Pennsylvania
Department of Transportation to be a model or make of significant
value to collectors or exhibitors and which has been maintained in
or restored to a condition which is substantially in conformity with
manufacturer's specifications and appearance. It must be registered
as a classic vehicle.
[Ord. 417, 10/7/1991, § 5; as repealed by Ord.
476, 6/14/1999, § 1]
[Ord. 417, 10/7/1991, § 6; as repealed by Ord.
476, 6/14/1999, § 1]
[Ord. 417, 10/7/1991, § 7; as amended by Ord. 496,
8/12/2002, § 1]
The Chief of Police is hereby authorized to remove and impound,
or to order the removal and impounding of any abandoned or junked
vehicle, on any street, highway, private property or public property
of the Borough or any other car parked in violation of any of the
laws of the Commonwealth or any ordinance of this Borough.
[Ord. 417, 10/7/1991, § 8; as repealed by Ord.
476, 6/14/1999, § 1]
[Ord. 417, 10/7/1991, § 9]
The following is hereby designated as an approved storage garage,
as a pound for the storage of such impounded vehicles:
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(Insert Name)
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The approved storage garage may be changed from time to time
by the Borough Council by resolution.
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[Ord. 417, 10/7/1991, § 10]
Every such approved storage garage shall post a bond, in the
amount of $2,000 to be filed with the Borough Secretary, for the indemnifying
of the owner of any such impounded vehicle against the loss thereof,
or injury or damage thereto, while in the custody of said pound keeper.
[Ord. 417, 10/7/1991, § 11; as amended by Ord.
476, 6/14/1999, § 5]
Towing and storage charges shall be filed in the police office
and made available upon request.
[Ord. 417, 10/7/1991, § 12]
Within 12 hours from the time of removal of any vehicle under
authority granted by this Part, notice of the fact that such vehicle
has been impounded shall be sent by the Chief of Police of the Borough
to the owner of record of such vehicle if such owner can be determined.
If the owner of record cannot be determined, notice shall be sent
to the owner of the property from which the vehicle was removed. 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.
[Ord. 417, 10/7/1991, § 13]
The payment of any towing and impounding charges, authorized
by this Part 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.
[Ord. 417, 10/7/1991, § 14]
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 in other cases
of summary offenses, and shall have the same rights as to appeal and
waiver of hearing.
[Ord. 417, 10/7/1991, § 15]
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.
[Ord. 417, 10/7/1991, § 16]
The payment of towing and storage charges shall not operate
to relieve the owner or operator or any vehicle from liability for
any fine or penalty for the violation of any law or ordinance on account
of which the said vehicle was removed and impounded.
[Ord. 417, 10/7/1991, § 17]
1.
Any person violating or failing to comply with any section of this
Part shall, upon summary conviction, be sentenced to pay a fine not
in excess of $600 or undergo imprisonment for a period not in excess
of 30 days.
2.
Each violation of each section of this Part shall be considered a
separate offense, if such violation continues for more than one day
(24 hours), each day's violation shall be a separate offense.
[Ord. 417, 10/7/1991, § 18]
No vehicle shall be removed under the authority of this Part
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.
[Ord. 417, 10/7/1991; as added by Ord. 476, 6/14/1999, § 4]
Whenever an abandoned vehicle is determined to be a nuisance
and in violation of this Part by the Chief of Police or Police Committee
of Borough Council or Borough Council, notice shall be given to either
the vehicle owner or the property owner or both persons by certified
mail to remove such vehicle within 72 hours. Failure to remove such
vehicle within 72 hours shall be a violation of this Part.
