[Ord. 6/3/85, 6/3/1985]
This Part is enacted under authority of Section 6109(a-22) of
the Vehicle Code,[1] and gives authority to the Township of North Lebanon to remove and impound those vehicles which have been abandoned or are not legally entitled to operate or park on the streets and highways of the Commonwealth under authority of the Vehicle Code. This Part shall also apply to those vehicles that are parked at those areas where parking is prohibited by resolution of the Board of Supervisors of North Lebanon Township in violation of § 15-407 of Chapter 15 of the Code of Ordinances of North Lebanon Township.
[1]
Editor's Note: See 75 Pa.C.S.A. 101 et seq.
[Ord. 6/3/85, 6/3/1985]
1.
A vehicle (other than a pedalcycle) shall be presumed to be abandoned
under any of the following circumstances, but the presumption is rebuttable
by a preponderance of the evidence:
A.
The vehicle is physically inoperable and is left unattended on a
highway or other public property for more than 48 hours;
B.
The vehicle has remained illegally on a highway or other public property
for a period of more than 48 hours;
D.
The vehicle has remained on private property without the consent
of the owner or person in control of the property for more than 48
hours.
2.
Vehicles and equipment used or to be used in construction or in the
operation or maintenance of highways or public utility facilities,
which are left in a manner which does not interfere with the normal
movement of traffic, shall not be considered to be abandoned.
[Ord. 6/3/85, 6/3/1985; as amended by Ord. 2-2002, 6/17/2002,
§ V]
1.
Outside Business and Residence Districts. Whenever any police officer
finds a vehicle in violation of any of the provisions of § 3351
of the Vehicle Code (relating to stopping, standing and parking outside
business and residence districts), the officer may move the vehicle,
or cause the vehicle to be moved, or require the driver or other person
in charge of the vehicle to move the vehicle, to a position off the
roadway where the vehicle will not interfere unduly with the normal
movement of traffic or constitute a safety hazard.
2.
Unattended Vehicle Obstructing Traffic. Any police officer may remove
or cause to be removed to a place of safety any unattended vehicle
illegally left standing upon any highway, bridge, causeway or in any
tunnel, in such position or under such circumstances as to interfere
unduly with the normal movement of traffic or constitute a safety
hazard.
3.
Removal to Garage or Place of Safety. Any police officer may remove
or cause to be removed to the place of business of the operator of
a wrecker or to a nearby garage or other place of safety any vehicle
found upon a highway under any of the following circumstances:
A.
Report has been made that the vehicle has been stolen or taken without
the consent of its owner.
B.
The person or persons in charge of the vehicle are physically unable
to provide for the custody or removal of the vehicle.
C.
The person driving or in control of the vehicle is arrested for an
alleged offense for which the officer is required by law to take the
person arrested before an issuing authority without unnecessary delay.
D.
The vehicle is in violation of section 3353 of the Vehicle Code (relating
to prohibitions in specified places) except for overtime parking.
E.
The vehicle has been abandoned as defined herein. The officer shall comply with the provisions of Subsection 4 and Chapter 75 (relating to abandoned vehicles and cargos) of the Vehicle Code.
F.
When the Motor Vehicle Code permits a vehicle to be immobilized for
a period of 24 hours before towing and impounding, the North Lebanon
Township Police shall immobilize the vehicle in accordance with the
requirements of law or in accordance with the directives issued by
the Board of Supervisors of North Lebanon Township.
4.
Notice to Owner Prior to Removal.
A.
Prior to removal of an abandoned vehicle bearing a registration plate,
certificate of inspection or vehicle identification number plate by
which the last registered owner of the vehicle can be determined,
the police department shall send a notice by certified mail to the
last registered owner of the vehicle informing the owner that unless
the vehicle is moved to a suitable location within seven days of the
date notice is mailed, the vehicle will be removed under this section
and held at a suitable facility where it may be reclaimed by the owner
in accordance with the provisions of section 7306 (relating to payment
of costs upon reclaiming vehicle). If the abandoned motor vehicle
does not bear an identifiable registration plate, certificate of inspection
or vehicle identification number plate, the notice may be secured
to the vehicle.
B.
If, within the seven day period, the owner so requests, the owner shall be given an opportunity to explain to the police officer or department why the owner believes the vehicle should not be removed. If the police officer or department determines that the vehicle shall, nonetheless, be removed, the owner shall be given an additional 48 hours to remove the vehicle, have it removed or demand a hearing, which shall conform to the requirements of 2 Pa.C.S.A. Chapter 5, Subchapter B (relating to practice and procedure of local agencies). The police officer or department shall inform the owner of the right to a hearing by delivering to the owner a notice warning the owner that, unless the vehicle is removed or a hearing is demanded, the owner shall be subject to the provisions of section 7306. If, as a result of the hearing, it is determined that the vehicle will be removed, the owner shall be given an additional 48 hours to remove the vehicle or have it removed. The hearing shall be before a civilian officer or employee of the municipality in which the vehicle is located.
C.
The provision for notice set forth in this subsection is applicable
only if the vehicle is abandoned upon a highway and is not in violation
of Section 3351(a) or 3353 (a and b) of the Vehicle Code. Notice under
this subsection is in addition to any other notice requirements provided
in the Vehicle Code.
[Ord. 6/3/85, 6/3/1985]
Any police officer may remove or removal and impounding of vehicles
under this chapter shall be done only by "approved storage garages"
that shall be designated from time to time by Board of Supervisors.
Every such garage shall submit evidence to Board of Supervisors that
it is bonded or has acquired liability insurance in an amount satisfactory
to Board of Supervisors as sufficient to indemnify owners of impounded
vehicles against loss or damage to those vehicles while in the custody
of the garage keeper for the purpose of towing or storage. The approved
storage garage shall submit to Board of Supervisors its schedule of
charges for towing and storage of vehicles under this chapter, and,
when the schedule is approved by Board of Supervisors, those charges
shall be adhered to by the approved storage garage; no different schedule
of charges shall be demanded of or collected from any person whose
vehicle is removed or impounded under this chapter by any approved
storage garage. The Board of Supervisors shall delete from its list
of approved storage garages any garage that makes any unapproved charge
in connection with any vehicle removed or impounded under this chapter.
[Ord. 6/3/85, 6/3/1985]
The payment of any towing and storage charges authorized by
this chapter shall, unless payment is made "under protest", be final
and conclusive, and shall constitute a waiver of any right to recover
the money so paid. If payment of any towing or storage charges is
made "under protest", the offender shall be entitled to a hearing
before a district justice. Payment of towing and storage charges shall
not relieve the owner or driver of any vehicle from liability for
any fine or penalty for the violation of the provision of this chapter
for which the vehicle was removed or impounded.
[Ord. 6/3/85, 6/3/1985; as amended by Ord. 2-2002, 6/17/2002,
§ V]
In order to reclaim the vehicle, the owner shall pay the immobilizing
costs as provided by resolution of the Board of Supervisors of North
Lebanon Township, the towing costs, and the storage costs as established
and determined by then owner of the storage facility, plus a $50 fee
of which $10 shall be paid to the Pennsylvania Department of Transportation
by the garage or the storage area to which the vehicle was taken.
[Ord. 6/3/85, 6/3/1985]
The Township shall cause a record to be kept of all vehicles
impounded under this Part and shall be able at all reasonable times
to furnish the owners or the agents of the owners of those vehicles
with information as to the place of storage of the vehicle.
[Ord. 6/3/85, 6/3/1985]
No vehicle shall be removed under the authority of this Part
or the Vehicle Code if, at the time of the intended removal, the owner
or the person for the time being in charge of the vehicle is present
and expresses a willingness and intention to remove the vehicle immediately.
[Ord. 6/3/85, 6/3/1985]
Any person who shall violate any provision of this ordinance
shall, upon conviction thereof, be sentenced to pay a fine of $50
together with all costs of disposing of the vehicle under provisions
of the Vehicle Code, 75 P.S. 7301 et seq. (1977), as hereafter amended,
supplemented, modified or reenacted by the General Assembly of Pennsylvania.
