CROSS REFERENCES
Storage of junk and junk cars — See § 680.02.
STATUTORY REFERENCES
Abandoned vehicles and cargos — See 75 Pa.C.S.A.
§§ 7301 et seq.
Authority to prohibit and remove junk cars and other nuisances — See
Borough Code, 8 Pa.C.S.A. § 1202(4) and (5).
Authority to prohibit, regulate and license junk yards — See
Borough Code, 8 Pa.C.S.A. § 1202(20).
Inspection of vehicles — See 75 Pa.C.S.A. §§ 4701
et seq.
Removal of abandoned vehicles — See 75 Pa.C.S.A.
§ 3352(d).
Removal of unattended vehicle obstructing traffic — See
75 Pa.C.S.A. § 3352(b).
[Ord. 250, passed 12-13-1965]
(A)
The Chief of Police is hereby authorized, in accordance with the
provisions of this chapter, to order the removal and impounding of
any vehicle parked on any street, highway or public property within
the Borough, provided that:
(B)
No vehicle shall be impounded until such time as a notice of violation
or the intent to impound has been left prominently displayed upon
the vehicle for a period in excess of 72 hours.
[Ord. 250, passed 12-13-1965; Ord. 428, passed 5-2-1982]
No person shall park, store or leave any vehicle of any kind
in a wrecked, junked, stripped or abandoned condition, or any vehicle,
whether occupied or not, in a place where its presence constitutes
a hazard, either on public streets or places or on private property,
and no owner of a vehicle, or owner or occupant of any property, shall
cause or permit such vehicle to be left upon any public street or
place or privately owned property, unless the same is authorized in
conjunction with the business properly operated thereon pursuant to
the Zoning Code and other laws of the Borough. ABANDONED VEHICLE includes
a vehicle for which the most recent state inspection sticker has been
expired for a period in excess of one year and for which vehicle there
is no current vehicle registration, antique or otherwise.
[Ord. 250, passed 12-13-1965]
If the Mayor or any of his or her authorized agents finds evidence
of a violation of § 482.02, the Mayor shall notify the owner
of the property on which the vehicle is stored or parked, or the owner
of the vehicle, or both, of the violation, and order either or both
of such owners to remove the vehicle within three days thereof. No
person shall fail to comply with such notice.
[Ord. 250, passed 12-13-1965]
Notice shall be given by personal service, or by registered
or certified mail, to the last known address of the violator. In the
event that, after a diligent search, the address of either the property
owner or the vehicle owner cannot be ascertained, the posting of the
notice or copies thereof on the real property, vehicle, structure
or area immediately adjacent thereto shall constitute sufficient notice.
[Ord. 250, passed 12-13-1965]
Within three days after receiving a notice as provided for in
§§ 482.03 and 482.04, the party or parties affected
may request a hearing before any Justice of the Peace of the Borough.
The Justice of the Peace, after a hearing, shall affirm or withdraw
the notice or order.
[Ord. 250, passed 12-13-1965]
If a hearing is not requested within three days, the notice
shall become an order, and the parties affected shall forthwith proceed
to remove or have removed the vehicle in question with all due dispatch
from the property in question in accordance with the notice and order.
[Ord. 250, passed 12-13-1965]
On proper request, a hearing on the matter shall be given forthwith.
Where more than one party is involved, it shall be the duty of the
party requesting the hearing to notify all other parties affected
or interested of the time and place of the impending hearing.
[Ord. 250, passed 12-13-1965]
(A)
If the violation complained of has not been remedied within the period
required by the order, the Borough shall, through its own agents,
contractors and/or employees, remedy the violation and charge the
cost thereof to the vehicle owner or the real property owner on whose
property the vehicle is located. Such costs shall, after written demand
and refusal or failure to pay after 30 days, constitute a lien on
the realty, which shall be filed by the Borough Solicitor upon receipt
of all necessary information from the Mayor.
(B)
Such remedy shall be in addition to the penalty provided in § 482.99.
[Ord. 250, passed 12-13-1965]
Police officers of the Borough are hereby authorized to remove
or direct the removal of abandoned or wrecked vehicles from the streets
or highways of the Borough to the nearest point where such vehicles
will not interfere with or obstruct traffic upon the streets or highways
of the Borough. Immediately following any accident, the wrecked vehicle
may not be removed or directed to be removed beyond the nontraveled
portion of the street or highway by a police officer unless the owner
or operator is injured and cannot act because of his or her injuries
or refuses or fails to have the same removed.
[Ord. 250, passed 12-13-1965]
The Mayor and the Chief of Police, acting in concert, shall
have the authority to designate storage garages and areas as pounds
for the storage of impounded vehicles after the owners of such garages
or areas comply with all of the provisions of this chapter.
[Ord. 250, passed 12-13-1965]
The owner of every approved storage garage or area shall post
bond in the amount of $2,000, to be filed with the Borough Secretary,
for the indemnification of the owner of any such impounded vehicle
against the loss thereof or injury or damage thereto, and the owner
of such garage or area shall agree to comply with all the provisions
of this chapter and to indemnify and save the Borough harmless from
any loss, injury or damage occurring after the poundkeeper, his or
her agents, servants or employees, have agreed to impound the vehicle.
[Ord. 250, passed 12-13-1965; Ord. 516, passed 11-14-1988]
(A)
Charges shall be fixed and established for the towing and storage
of any vehicle removed and impounded under the authority of this chapter.
(B)
As a result of any impounding under the provisions of this chapter,
a garage-keeper's lien shall arise and the poundkeeper shall
agree to rely solely upon the owner or operator for his or her charges
or fees.
[Ord. 250, passed 12-13-1965]
Within 12 hours from the time of removal of any vehicle under
the authority of this chapter, notice of the fact that such vehicle
has been impounded shall be sent by the Chief of Police to the owner
of record of such vehicle at his or her last known address. Such notice
shall designate the place from which such vehicle was removed, the
reason for its removal and impounding and the pound in which it has
been impounded.
[Ord. 250, passed 12-13-1965]
The payment of any towing and impounding charges, authorized
by this chapter, shall, unless such payment has been made under protest,
be final and conclusive, and shall constitute a waiver of any right
to recover the money so paid.
[Ord. 250, passed 12-13-1965]
In the event that any towing and impounding charges imposed
are paid under protest, the offender shall be entitled to a hearing
before a magistrate or court of record having jurisdiction, in which
case such defendant shall be proceeded against as in other cases of
summary offenses and shall have the same rights as to appeal and waiver
of hearing.
[Ord. 250, passed 12-13-1965]
The Chief of Police shall keep a record of all vehicles impounded
and shall be able, at all reasonable times, to furnish the owners
or agents of the owners thereof with information as to the place of
storage of such vehicles.
[Ord. 250, passed 12-13-1965]
The payment of towing and storage charges shall not operate
to relieve the owner or operator of any vehicle from liability for
any fine or penalty for a violation of any law or ordinance on account
of which the vehicle was removed and impounded.
[Ord. 250, passed 12-13-1965]
No vehicle shall be removed under the authority of this chapter
if at the time of the intended removal thereof the owner or person
for the time being in charge of such vehicle is present and expresses
a willingness and intention to remove such vehicle immediately.
[Ord. 250, passed 12-13-1965]
No person shall impound, confiscate, repossess or remove any
vehicle from within the limits of the Borough unless, in advance of
such action:
Whoever violates or fails to comply with any of the provisions
of this chapter shall, in addition to any towing, storage or impounding
costs, be fined not more than $300 or imprisoned not more than 10
days in the Borough Lockup or not more than 30 days in the County
Jail or Workhouse, or both such fine and imprisonment. A separate
offense shall be deemed committed each day of failure to comply with
the order of the Mayor for each vehicle in violation of any of the
provisions of this chapter.
