Township of Kidder, PA
Carbon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Kidder 11-14-1972 by Ord. No. 12. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 165.
For purposes of this chapter, the following definitions shall apply:
ABANDONED VEHICLE
Any vehicle which has been neglected by the owner or which outwardly has no apparent owner or which has no current legal registration plates, and/or a current legal inspection sticker. A vehicle must have a current legal registration plate and current legal inspection sticker to be considered not abandoned.
JUNK VEHICLE
Any vehicle which has been discarded and is no longer in operative use.
VEHICLE
That in or on which any person or thing is or may be carried, including a cargo trailer, coach, wagon, car, bus, and motorbike.
A junk vehicle or an abandoned vehicle or a vehicle which is illegally parked on public or private property in the Township of Kidder for a period of more than five days shall be and is deemed a public nuisance dangerous to the health and safety of children and of the community at large.
It shall be unlawful for the owner of any junked or abandoned vehicle to park said vehicle on any of the state highways or public or private property in the Township of Kidder, Pennsylvania.
The Chairman of the Board of Supervisors, the Chief of Police, other policeman, and special policeman are hereby authorized to remove and impound, or to order the removal and impounding of any junked or abandoned motor vehicle parked on any of the streets, highways, public or private property of the Township of Kidder, Pennsylvania, in violation of the provisions of this chapter, provided that no junked or abandoned vehicle shall be removed or impounded except in strict adherence to the provisions of this chapter.
Any public or private garage shall be considered an approved storage garage provided that the owner of such garage shall post a bond in the amount of $2,000 to be filed with the Township Secretary for the indemnification of the owner of any such impounded vehicle against the loss thereof, or injury or damage thereto, while in the custody of the said pound keeper.
[Amended 5-15-1990; 7-24-1990[1]]
The charges that shall be made for the towing and storage of any junked, abandoned, stored or impounded vehicle removed and impounded under the authority of this chapter shall be established from time to time by resolution of the Board of Supervisors.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Within 12 hours from the time of removal of any junked or abandoned vehicle under authority granted by this chapter, notice of the fact that such junked or abandoned vehicle has been impounded shall be sent by the Chief of Police or other policemen or special policemen of the Township to the owner of record of such vehicle. Such notice shall designate the place from which the said junked or abandoned vehicle was removed, and the pound in which it shall have been impounded, and the reason for its removal.
The payment of towing and storage charges shall not operate to relieve the owner or operator of any junked or abandoned vehicle from liability for payment of any fine and/or or costs for the violation of this chapter on account of which the said vehicle was removed and impounded.
The Chief of Police shall keep a record of all junked or abandoned vehicles impounded, and shall be able to, at all reasonable times, furnish the owners or agents of the owners thereof with information as to the place of storage of such junked or abandoned vehicle.
The payment of towing, removal, and storage charges, unless such payment shall be made "under protest," shall be final 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 District Justice or Court of Record having jurisdiction, in which case the defendant shall be proceeded against and receive such notice as is provided by the Pennsylvania Motor Vehicle Code in other cases of summary offenses, and shall have the same rights as to appeal and waiver of hearing.
No vehicle shall be removed under the authority of this chapter if, at the time of the intended removal thereof, the owner or his agent expresses a willingness and intention to remove such junked or abandoned vehicle immediately. However, such action shall not operate as intending to relieve the owner from payment of a fine and costs for violation of this chapter.
[Amended 5-15-1990]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
This chapter has been prepared for enactment in accordance with Pennsylvania Act of Assembly, 1959, April 29, P.L. 58, Section 1103; as amended, 1963, June 11, P.L. 118, Section 1[1]; 75 Pa.C.S.A. § 1103.1.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[Added 7-24-1990]
In addition to the vehicles subject to original Ordinance No. 12, as amended, this chapter shall apply to and include all vehicles seized, impounded and/or placed in the custody and/or under the control of the Township of Kidder by authority of any federal, state or municipal entity, and the fees involving abandoned/junked vehicles as set out elsewhere in this chapter shall apply to all vehicles included in this section of the chapter.