[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.]
GENERAL REFERENCES
Storage and parking of vehicles — See Ch. 512.
A.
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.
B.
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.
C.
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]
A.
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.
[1]
Editor's Note: See 8 Pa.C.S.A. § 1202(4).
B.
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.
C.
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.
D.
At the expiration of the 30 days' notice, the Borough may seek title
to the vehicle free and clear of any liens.
E.
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.
A.
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.
B.
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.
C.
No vehicle shall leak fluids upon Borough streets, highways, alleys
or public or private properties.
(1)
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.
(2)
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.
