[Added 1-12-1998 by Ord. No. 1998-02]
The foregoing paragraphs or preamble[1] is incorporated herein as the background and policy of this article.
[1]
Editor's Note: Said preamble is contained in Ord. No. 1998-02, a complete copy of which is on file in the Borough offices.
A. 
The following words and phrases when used in this article shall have the meanings given to them below:
COMBINATION
Two or more vehicles physically interconnected in tandem.
IMPOUND AGENT
The towing and storage agent designated by the Borough of Mount Holly Springs.
ISSUING AUTHORITY
A public official having the power and authority of a Magisterial District Judge.
POLICE OFFICER
Any police officer of the Borough of Mount Holly Springs.
B. 
All other words and phrases used in this article and not specifically defined herein shall have the meaning ascribed to them in the Pennsylvania Vehicle Code [Act of June 17, 1976, P.L. 162, No. 81 (75 Pa.C.S.A. § 101, et seq.)].
A. 
Upon conviction of, or entry of a plea of guilty or nolo contendere, for one or more of the following offenses, and upon imposition of a fine or fines which, separately or together total in excess of $250, the defendant shall be allowed 24 hours either to obtain the funds and pay the fine or fines and costs of prosecution or to make arrangements with the issuing authority to pay in installments as provided by the Pennsylvania Rules of Criminal Procedure, during which time the defendant's vehicle or combination may be rendered temporarily inoperable by a police officer, when designated by the issuing authority:
Section 1301 (relating to registration and certificate of title required).
Section 1332 (relating to display of registration plate).
Section 1371 (relating to operation following suspension of registration).
Section 1501 (relating to drivers required to be licensed).
Section 1543 (relating to driving while operating privilege is suspended or revoked).
Section 1786 (relating to required financial responsibility).
Section 7124 (relating to fraudulent use or removal of registration plate).
B. 
If the defendant neither makes payment nor makes arrangements for payment within the twenty-four-hour period, or defaults upon such payment, the issuing authority may issue an impoundment order for the defendant's vehicle and direct enforcement of the order by a police officer, as authorized by the issuing authority.
Upon impoundment, the police officer shall store the impounded vehicle or combination after receiving notification of the impound order from the issuing authority.
The police officer shall give immediate notice by the most expeditious means and by certified mail, return receipt requested, of the impoundment and location of the vehicle or combination to the owner of the vehicle or combination and any lienholder and, if applicable, the owner of the load, if the names and addresses of the owner and any lienholder are known or can be ascertained by investigation.
The police officer's costs, reasonable storage costs and all other reasonable costs incident to the seizure and impoundment under §§ 475-21 and 475-22 above shall be recoverable in addition to the costs of prosecution.
A. 
Authorization. Subject to § 475-25D, below,:
(1) 
If a person operates a motor vehicle or combination on a highway or trafficway of this commonwealth while the person's operating privilege is suspended, revoked, canceled, recalled or disqualified, or where the person is unlicensed, as verified by a police officer in cooperation with the department, the police officer shall immobilize the vehicle and the appropriate judicial authority shall be so notified.
(2) 
If a motor vehicle or combination for which there is no valid registration or for which the registration is suspended for failing to maintain financial responsibility, or where no financial responsibility has been secured, as verified by a police officer, is operated on a highway or trafficway of this Commonwealth, the motor vehicle or combination shall be immobilized by the police officer and the appropriate judicial authority shall be so notified.
B. 
Procedure upon immobilization.
(1) 
The procedure to be followed by an operator of a vehicle or combination immobilized pursuant to A.1 and A.2, above, to obtain the release of same shall be those procedures as set forth in 75 Pa.C.S.A. § 6309.2(b)(1) and (2), respectively.
(2) 
In the event a certificate of release is not obtained within 24 hours from the time the vehicle is immobilized, the vehicle shall be towed and stored by the appropriate impound agent under § 475-25C, below.
C. 
Procedure upon towing and storage. Upon receiving notification from the judicial authority, the police officer shall notify the impounding agent to tow and store the vehicle or combination and provide notice by the most expeditious means and by first class mail, proof of service, of the towing, storage and location of the vehicle or combination to any owner whose name and address is known or can be ascertained by investigation, or any lienholder whose name and address is known or can be ascertained by investigation and to the owner of a load being carried.
D. 
Recovery of towed and stored vehicle.
(1) 
The owner of any vehicle or combination which has been towed and stored under this section may obtain possession of the vehicle or combination by doing all of the following:
(a) 
Furnish proof of valid registration and financial responsibility.
(b) 
Pay all fines, together with all costs associated with the towing and storage of the vehicle, or make arrangements with the appropriate financial responsibility.
(c) 
Pay all fines, together with all costs associated with the towing and storage of the vehicle, or make arrangements with the appropriate judicial authority to make payments of all fines and costs by installments as provided by the Pennsylvania Rules of Criminal Procedure.
(2) 
Any vehicle not recovered under this subsection may be sold as unclaimed vehicle or load under 75 Pa.C.S.A. § 6310 (relating to disposition of impounded vehicles and loads) or any applicable local ordinance of the Borough of Mount Holly Springs. The proceeds of the sale shall be applied to the payment of the fines and costs associated with the towing and storage of the vehicle.
[1]
Editor's Note: Original Section 8, Designation of impounding agent, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The provisions of the article shall be severable. The invalidity of any of its provisions shall not affect the validity of any of the other or remaining provisions hereof.