[Adopted 7-3-2018 by Ord.
No. 299]
The following terms shall have the meanings as indicated.
Any motor vehicle, boat, recreational vehicle or trailer
which is found without the current year's registration, inspection,
or identification markers as required by law, has been continuously
parked on public or private property for a period of 10 days, and
is so disabled as to be incapable of being operated under its own
power or is without one or more functioning tires.
Any vehicle which is self-propelled as defined by the Vehicle
Code, 75 Pa.C.S.A. § 102 et seq.
Any vehicle designed to be towed by a motor vehicle, as defined
by the Vehicle Code, 75 Pa.C.S.A. § 102 et seq.
It shall be unlawful for any person to cause or allow a motor
vehicle/trailer to be abandoned upon any public or private lands in
the Borough of East Petersburg for more than 10 days.
All abandoned motor vehicles and trailers shall be removed by
the owner or operator thereof or by the owner or occupant of the private
property on which the said motor vehicle/trailer is abandoned. Upon
the failure of the owner or operator of any abandoned motor vehicle/trailer
to remove the same within 24 hours after receiving notice from the
Borough of East Petersburg to remove the same, such notice being given
whether by personal service or by certified mail to the owner or operator
of such abandoned motor vehicle/trailer or to the owner or occupant
of the private property on which the said abandoned motor vehicle/trailer
is found, the Borough of East Petersburg may remove the same or cause
the same to be removed.
In removing any such abandoned motor vehicles/trailers, the
Borough of East Petersburg shall cause the same to be towed and stored
by such garages or towing services as are designated by the Borough
of East Petersburg to be approved storage garages or pounds for the
storage of such vehicles/trailers.
Any designated storage garage, prior to engaging in any towing
away and/or storing of any motor vehicle/trailer hereunder, shall
file a surety bond with the Borough of East Petersburg, said bond
to indemnify the Borough of East Petersburg and the owner of any impounded
motor vehicle/trailer against loss thereof or injury or damage thereto
while any motor vehicle/trailer is in custody of such garage. The
amount of the bond shall be set by resolution.
Specific towing and storage charges to be made under this article
shall be the same as paid by the Borough of East Petersburg plus an
administrative charge of 10%, or whatever the current administrative
charge is per the Fees Resolution, to the towing and storage company,
whichever is greater.
The Borough of East Petersburg, within two working days after
any abandoned motor vehicle/trailer has been removed and impounded,
shall notify the owner of record or the operator of any such vehicle/trailer,
either by personal service or by certified mail, or the owner or occupant
of the property from which any such motor vehicle/trailer has been
removed, in like manner, of the fact that such motor vehicle/trailer
has been impounded, the place from which it was removed, the reason
for its removal and impounding and the place where the motor vehicle/trailer
has been impounded.
The owner or operator of any impounded motor vehicle/trailer
shall be entitled to recover possession of such motor vehicle/trailer
upon the payment to the Borough of East Petersburg of the towing and
storage charges and administrative charges as above set forth in the
fee's resolution.
The payment of such towing and storage charges, unless made
under protest, shall be filed and conclusive and shall constitute
a waiver of any right to recover the money so paid. In the event that
the towing and impounding charges are paid under protest, the offender
shall be entitled to a hearing before a magisterial district judge
or a court of record having jurisdiction.
In the event that the Borough of East Petersburg shall be unable
to ascertain the ownership of an abandoned motor vehicle/trailer found
upon private property, the Borough of East Petersburg, within 30 days
after which the motor vehicle/trailer has been found by the Borough
of East Petersburg, may notify the owner or occupant of the private
property, by certified mail, that such motor vehicle/trailer exists,
and thereafter the said owner or occupant of the private property
shall cause the abandoned motor vehicle/trailer to be removed to an
authorized junk or scrap yard within 48 hours.
If the owner or occupant of such private property shall fail to remove the abandoned motor vehicle/trailer as set forth in this section, the said owner or occupant shall be subject to the penalties provided in § 70-38 of this article. Each day that the motor vehicle/trailer is permitted to remain shall constitute a separate offense and distinct violation.
Where an abandoned motor vehicle/trailer is removed under the
provisions of this article and it remains unclaimed for a period of
15 consecutive days without being removed by its owner or any other
person duly authorized to remove same, the Borough of East Petersburg
shall be authorized to report or cause to be reported such abandonment
to the Department of Revenue of the Commonwealth of Pennsylvania,
as provided in the Vehicle Code or otherwise.
Any person who shall violate the terms of this article shall,
upon conviction thereof, be sentenced to pay a fine not less than
$300 or not more than $1,000, plus court costs and attorneys'
fees, and, in default of payment of said fine and costs, to a term
of imprisonment not to exceed 30 days. Each day that a violation of
this article continues shall constitute a separate offense.
If any provision, sentence, clause, section, or part of this
article or the application thereof to any person or circumstance is
for any reason found to be unconstitutional, illegal, or invalid by
a court of competent jurisdiction, such unconstitutionality, illegality,
or invalidity shall not affect or impair the validity of any of the
remaining provisions, sentences, clauses, sections, or parts of this
article.
The provisions of this article are intended to repeal all sections
with reference to vehicles or permits for storage of abandoned vehicles
in the Junkyards, Rubbish and Solid Waste Management Ordinance No.
64, as adopted on 3-5-1968 and in Ordinance No. 152 as amended on
11-15-1983. The provisions of this article are hereby ratified and
confirmed, but to the extent any part of the Junkyards, Rubbish and
Solid Waste Management Ordinance conflicts with the provisions of
this article, such provisions are repealed insofar as but only insofar
as they conflict with the provision of this article, and otherwise
they shall remain in full force and effect.
This article shall be effective immediately upon enactment by
Borough Council as provided by law.
