[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:
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.
Any vehicle which has been discarded and is no longer in operative
use.
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.
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.
