Borough of Larksville, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Larksville 5-13-2003 by Ord. No. 2-2003 (Ch. 144 of the 1987 Code). Amendments noted where applicable.]
Storage and parking of vehicles — See Ch. 512.
No owner or responsible person shall leave parked upon a Borough street, highway or alley, on either public or private property a disabled, inoperable vehicle, and/or a vehicle that has been left parked unattended for a period of not more than 72 hours.
For the purpose of this chapter, a disabled, inoperable vehicle shall be a vehicle that is not capable of being moved under its own power, or a vehicle with deflated tire(s); or is partially disabled, wrecked or junked; or is not displaying current registration plate(s) or inspection sticker. An unattended vehicle is a vehicle that can be moved under its own power but is left parked in one location over 72 hours.
The vehicle(s) described in this chapter is one that is designed for the purpose of transporting people or property and it may be motorized or designed to be drawn by a motorized vehicle. This chapter does not exclude that type of vehicle used in construction or farming activities.
A Larksville Borough Police Department parking ticket shall be issued and placed on the vehicle in violation or handed to the owner or responsible person. This parking ticket will allow the owner or responsible person seven days to respond by removing the vehicle and paying the ticket penalty. The officer will indicate on the parking ticket "VEHICLE MUST BE MOVED." The Police Department may allow additional time for the removal of a vehicle in violation of the chapter if the owner or responsible person can show just cause for doing so.
When the owner or responsible person fails to remove any vehicle that is in violation of this chapter and after receiving notice by the issuance of a Police Department parking ticket, the Larksville Borough Police Department shall then cause said vehicle to be removed and stored. The said vehicle may be removed immediately when it constitutes a hazard to pedestrian or vehicular traffic or is a health, safety or fire hazard.
[Amended 2-17-2004 by Ord. No. 1-2004]
In the event that any abandoned vehicle determined to be in violation of this chapter is towed and impounded, the owner of the vehicle shall be responsible for any and all towing and storage costs as determined by the contractor who actually towed the vehicle, in addition to a penalty in the amount of 10% as authorized under Section 1202(4) of the Borough Code[1] together with the Borough's reasonable attorney's fees and court costs.
Editor's Note: See 8 Pa.C.S.A. § 1202(4).
The notice, to be either hand-delivered or, in the alternative, sent by certified and regular mail, to the last known owner of the vehicle and to all lienholders, where possible, shall provide the make, model, title number, vehicle identification number, and registration plate number, if known, and the place where the vehicle was impounded from and taken to, along with a statement that the vehicle is considered to be abandoned but can be reclaimed within 30 days of the date of advertisement, upon payment of the towing and storage charges and the fine and cost, if applicable, as well as the 10% penalty authorized by the Borough Code, together with the Borough's reasonable attorney's fees and court costs. The notice shall also state where the fees are to be paid.
In the event the owner of the abandoned vehicle cannot be determined by the Borough or served with the notice referred to in Subsection B, notice of the impoundment shall be advertised one time in a newspaper of general circulation.
At the expiration of the 30 days' notice, the Borough may seek title to the vehicle free and clear of any liens.
After title to the vehicle is vested in the Borough, the vehicle shall be sold at auction with the proceeds used to pay the towing and storage fees and the penalties, the Borough's reasonable attorney's fees, costs and fines, if applicable.
The provisions of this chapter shall not apply to such vehicle that is enclosed or stored in a building, or to a vehicle on the premises of a business enterprise when it is necessary to the operation of the business or to a vehicle in an appropriate storage place or depository unless such storage constitutes or contributes to a health, safety or fire hazard, or has become a public nuisance.
No owner or responsible person shall perform or permit another person to perform mechanical repairs upon any vehicle while it is parked or left standing on any Borough street, highway or alley.
Major repairs are those that require the changing of a motor, transmission, drive shafts, exhaust system, the changing of the vehicle fluids, or the changing of body parts.
Exceptions. This section does not apply to emergency repairs such as the changing of a flat tire, or to the duties of tow truck drivers and operators in order to prepare a vehicle to be moved or towed to a place of repair.
No vehicle shall leak fluids upon Borough streets, highways, alleys or public or private properties.
The owner or responsible person shall clean the roadway in the event of vehicular leakage in order to deter health and safety hazards or public nuisances. Fluids shall include gasoline, diesel fuels, transmission oils, motor oils, antifreeze and differential fluids.
Cleaning shall consist of the washing down of the roadway for some fluids and the use of sawdust or other absorbent material to collect any oil-based fluids, and the proper disposal of the material.
No owner or responsible person shall allow any violation of this chapter to occur on his/her property. Whoever violates any of the provisions of this chapter shall, upon conviction, pay all fines and costs set forth within this chapter.
The owner or responsible person who has received a parking ticket for any of the aforementioned violations in this chapter shall pay a fine of $10 if paid within seven days. Failure to pay the parking ticket in the required time shall result in the filing of a nontraffic citation and then, upon conviction, the owner or responsible person shall pay a fine of not less than $25 but not more than $300 plus the costs of prosecution.