[HISTORY: Adopted by the Board of Supervisors of the Township
of Fallowfield 4-27-2006 by Ord. No. 183. Amendments noted where
applicable.]
The possession or ownership, within the Township of Fallowfield,
of an abandoned automobile (vehicle) or parts thereof, other than
in a fully enclosed building, shall be prohibited, except in a licensed
junkyard or salvage yard, or in an impounding garage or lot authorized
by the Board of Supervisors for storage of illegally abandoned vehicles.
As used in this chapter, the following terms shall have the
meanings indicated:
Shall, without limitation, be conclusively presumed to include
any motor vehicle as to which one or more of the following conditions
exist:
A vehicle for which a certificate of junk has been issued by
the Secretary of Revenue, Commonwealth of Pennsylvania, or the official
designated by any other state to issue such certificate.
A vehicle without an engine or engine parts, a transmission
or transmission parts, which have been removed for more than 15 days.
A vehicle with a deflated tire and/or tires or missing a wheel
and/or wheels which have been removed for more than seven days.
A vehicle bearing no official inspection sticker, or a sticker
not currently valid, or not bearing a current license tag.
A vehicle left unattended for more than three days upon any
public highway or street within the Township unless:
The owner or operator resides at the location or owns the property
abutting the public highway or street where the vehicle is parked;
or
The owner or operator is engaged in any lawful business or visiting
the owner or occupier of any property abutting said highway or street
where the vehicle is parked.
Any abandoned automobile (vehicle), the possession of which
is prohibited under this chapter or any other ordinance of the Township
of Fallowfield, found on private property, public property or on public
rights-of-way or streets, may be removed or caused to be removed by
Fallowfield Township’s designated law enforcement agency or
Township official, pursuant to the following provisions of this chapter.
Any such abandoned automobile (vehicle) may be towed and stored
in such storage areas or garages in the Township of Fallowfield or
any other reasonably located storage areas outside the Township as
designated by Fallowfield Township’s designated law enforcement
agency or Township official, the designation of same shall be kept
currently posted with Fallowfield Township’s designated law
enforcement agency or Township official.
Any storage facility approved by the Township shall provide
a certificate of insurance covering liability, to be approved by the
Township, and filed with the Township Secretary for the indemnity
of the owner of such impounded vehicle against the loss thereof or
injury or damage thereto while in the custody of said storage facility.
Any storage facility shall also agree to hold harmless and indemnify
the Township in the event any owner of such vehicle files suit for
injuries or damage sustained while in the custody of said storage
facility. A reasonable charge for towing and storage of such abandoned
automobiles shall be fixed by the towing company, and filed with the
Township.
Fallowfield Township’s designated law enforcement agency
or Township official, within 24 hours after the abandoned automobile
(vehicle) has been removed, shall notify the owner of record and the
property owner in possession of such abandoned automobile (vehicle)
by certified mail, return receipt requested, that the 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.
Following the effective date of this chapter, it shall be the duty
of any owner of an abandoned automobile (vehicle), or the owner, lessee
or occupant of the real property upon which there is an abandoned
automobile (vehicle), to remove or cause to be removed said abandoned
automobile (vehicle) within a reasonable time, but no more than 15
days after receipt of written notice from the Fallowfield Township’s
designated law enforcement agency or Township official or the Code
Enforcement Officer of Fallowfield Township.
B.
Any owner of an abandoned automobile (vehicle) located on a public
highway or street within the Township shall not be entitled to any
advance written notification prior to impoundment.
Each day of violation of § 368-7 shall be deemed a separate offense and punishable as hereinafter provided.
Any person in violation of § 368-7 or § 368-2, Subsection D, in the definition of "abandoned vehicle," shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. Such fines shall be payable to the Township of Fallowfield. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. Towing and storage charges shall be recoverable by the towing company and any incidental fees related to notices, towing and storage incurred by the Township shall be payable to Fallowfield Township as costs.
A.
Fallowfield Township’s designated law enforcement agency or
Township official shall keep a record of the following:
(1)
The name and addresses of all owners or person in possession of vehicles
impounded;
(2)
The names and addresses of all persons claiming such vehicles;
(3)
The license numbers and such information as may identify the vehicle;
(4)
The nature and circumstances of the impounding of the vehicle;
(5)
The violation of the law or ordinance on account of which the vehicle
was impounded; and
(6)
The final disposition of the case.
B.
If the registered owner fails to claim the vehicle within 15 days
of removal thereof, Fallowfield Township’s designated law enforcement
agency or Township official shall request an investigation by the
Secretary of Revenue of the Commonwealth pursuant to the provisions
of the Vehicle Code.
Any notice required by this chapter to be given the alleged
owner of an abandoned automobile (vehicle) shall be sufficient if
sent to the last known name and address obtained from the Pennsylvania
Department of Revenue; any notice required to be given the owner of
land shall be sufficient if sent to the name and address obtained
from the most recent tax duplicate prepared by the Washington County
Tax Revenue Department.
