[Ord. 568, 2/14/1990, § 1]
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 Darby for a period of more than 72
consecutive hours.
[Ord. 568, 2/14/1990, § 2]
It shall be unlawful for the owner of any motor vehicle to allow
or permit any person to repair, fix or service a disabled motor vehicle
upon a private property within the Township of Darby except in an
emergency situation.
[Ord. 568, 2/14/1990, § 3 and 4]
A vehicle which is rendered inoperative or immobile by reason
of mechanical or other difficulty or by reason of damage to said motor
vehicle, or a motor vehicle which does not have affixed to it a current
registration plate, or a current inspection sticker.
One which is caused by accident, casualty or other unexpected
circumstances which render 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.
[Ord. 568, 2/14/1990, § 5]
In any proceeding for a violation of the provisions of this
Part, 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, the
owners of the property or both.
[Ord. 568, 2/14/1990, § 6]
Any motor vehicle found upon private property within the Township of Darby in violation of any provisions of this Part may be removed and impounded. Prior to removal of any vehicle in accordance with this section, the Township shall first give notice to anyone in possession of the motor vehicle as determined in accordance with § 15-505 hereof. Notice shall be in writing and sent by certified mail (return receipt requested) and regular mail and shall inform the recipient that the subject vehicle is in violation of this Part and provide a date on or after which it will be removed and impounded. (Said date shall be no sooner than seven days from the date in which the notice is mailed). The notice shall also state the Township's intention to proceed to collect fines and fees as set-forth herein.
[Ord. 568, 2/14/1990, § 7]
The place of impounding and the amount of indemnity shall be
as provided herein.
[Ord. 568, 2/14/1990, § 8; as amended by Ord. 602,
6/8/1994; and by Ord. 726, 9/14/2016]
The charges for the removal and towing of motor vehicles in
violation of this Part shall not exceed $150 for each vehicle, and
the charges for the storage and impounding of such motor vehicles
shall not exceed $40 per day for automobiles and $100 per day for
trucks for each day or fraction thereof. Such charges shall be paid
by the owners of said motor vehicles, by the owners of the property
upon which found, by the person who was deemed to have caused the
violation of this Part, or by all of them.
[Ord. 568, 2/14/1990, § 9]
Within 12 hours from the time of the removal of any motor vehicle
as provided under this Part, notice of the fact that such motor vehicle
has been impounded shall be sent by the Township of Darby Police Department
to the owner of record of such motor vehicle, the owner of or the
person in possession of the property which removed, or to the person
who was deemed to have caused the violation of this Part, designating
the place from which said motor was removed, the reason for its removal
and impounding, and the pound it has been impounded.
[Ord. 568, 2/14/1990, § 10 and 11]
1.
The payment of any charges imposed under this Part, unless such payment
shall be made "under protest," shall be final and conclusive and shall
constitute a waiver of any right to recover this money so paid.
2.
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 the 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.
[Ord. 568, 2/14/1990, § 12]
Any person violating any of the provisions of this Part shall
be liable in addition to the other charges hereinbefore provided to
a penalty of not more than $1,000 nor less than $25 for each and every
offense, to be collectible before any Justice of the Peace. The costs
of any proceeding here-under shall be in addition to the penalty imposed.
[Ord. 568, 2/14/1990, § 13]
Nothing in this Part 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 of the Township of Darby.
[Ord. 568, 2/14/1990, § 14]
Nothing in this Part shall be deemed to prohibit or prevent
any person who has 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.
[Ord. 654, 9/8/2004]
Nothing in this chapter shall prevent duly authorized police
officials from removing from public or private property, without notice,
any attended or unattended automobile or vehicle, the presence of
which constitutes an immediate hazard or threat to the life, health,
safety, welfare and morals of the citizens of the Township of Darby
and which is imminently dangerous and, in the opinion of the authorized
police officials, constitutes a nuisance which gives rise to the existence
of emergency conditions.
