[Adopted as Article 515 of the Codified Ordinances]
Any member of the Bureau of Police is authorized
to remove and/or impound or to order the removal and/or impounding
of any vehicle parked on the streets, highways or on public property
of the City in violation of any City ordinance or of the Vehicle Code
of the Commonwealth of Pennsylvania.
The Chief of Police or his designated agent
shall, from time to time, designate specific individuals and companies
to perform removing and/or impounding pursuant to this article and
shall designate, from time to time, specified buildings or outdoor
parking areas where vehicles impounded pursuant to this article shall
be taken and stored.
[Amended 11-15-2005 by Ord. No. 19-2005]
Any garage approved as an impound yard for vehicles
towed at the direction of the Bureau of Police shall be required to
post a bond and insurance in amounts determined appropriate by the
Chief of Police in order to be approved as a pound.
[Amended 2-22-2011 by Ord. No. 4-2011]
The owner or custodian of any vehicle removed
or impounded under the provisions of this article shall pay the towing
and storage charges charged by the entity or individual who towed
or removed the vehicle at the direction of the Bureau of Police. Payments
shall be made to the entity or individual who removed the vehicle
pursuant to the Bureau of Police's direction, which entity or individual
shall issue a receipt therefor. Such payment shall be in addition
to the payment of any fine or levy for the violation of any ordinance
or law necessitating the towing and/or impounding, which payments
are to be made directly to the City Treasurer.
The payment of any towing and impounding charges
authorized by this article 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.
[Amended 11-15-2005 by Ord. No. 19-2005; 2-22-2011 by Ord. No. 4-2011]
If any towing and impounding charges are paid
under protest, the offender shall be entitled to a hearing before
a court of record having jurisdiction. In such case the defendant
shall be proceeded against for parking in violation of any City ordinance
or of any of the provisions of the Vehicle Code of the Commonwealth
of Pennsylvania and shall receive such notice as is provided by such
Vehicle Code in other cases of summary offenses and shall have the
same rights as to appeal and waiver of hearing. If the court of record
shall find in favor of the defendant or if the alleged offender is
not proceeded against as herein provided, the City Treasurer shall
refund to the alleged offender the towing charges paid under protest
within five days after demand therefor. The alleged offender shall
be responsible for all storage charges. To make payment under protest,
the offender shall within three days of paying any towing and/or impounding
charges file a written statement with the Bureau of Police indicating
that he or she made payment of charges for impounding and/or towing
under protest and submit with such statement a copy of a receipt from
the towing and impounding entity or individual.
[Amended 2-22-2011 by Ord. No. 4-2011]
The Bureau of Police shall keep a record of
all vehicles impounded and shall at all reasonable times furnish the
owners thereof with information as to the place of storage of such
vehicles.
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 the violation of any City ordinance or
of any provision of the Vehicle Code of the Commonwealth of Pennsylvania,
on account of which the vehicle was removed and impounded.
[Amended 11-15-2005 by Ord. No. 19-2005]
No vehicle shall be removed under the authority
of this article 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.
The removal of the vehicle by the owner or person in charge of the
vehicle shall not relieve such person from liability for any fine
or penalty for the violation of any City ordinance or of any provision
of the Vehicle Code of the Commonwealth of Pennsylvania, and shall
not relieve the owner or person in charge of the vehicle from liability
for the basic fee of the towing company.
Nothing herein contained shall be construed
to limit or change in any way any rights or remedies to which poundkeepers
may be entitled.
[Amended 2-22-2011 by Ord. No. 4-2011]
No person shall park, store or leave any motor
vehicles of any kind in a wrecked, junked, stripped or abandoned condition,
which does not have a current registration plate or current certificate
of inspection, in a place where its presence constitutes a hazard
on private property, and no owner of such motor vehicle, or the owner
or occupant of any property, shall allow or permit the same to be
left upon any privately owned property, unless the same is authorized
in conjunction with a business properly operated pursuant to the Zoning
Ordinance[1] and other laws of the City.
[Amended 11-15-2005 by Ord. No. 19-2005]
If the Director of Public Safety or any of his authorized agents finds that a violation of § 285-67 exists, the Director shall notify the owner of the property on which the motor vehicle is stored or parked or the owner of the motor vehicle, or both, of the violation and order the owner of such motor vehicle or vehicles within five days thereof, and the owner of the property on which the motor vehicle or vehicles is stored or parked within 45 days thereof, to remove the motor vehicle or vehicles.
Notice shall be given by personal service or
by registered mail to the last known address of the violator. If on
diligent search the address of either the property owner or motor
vehicle owner cannot be ascertained, the posting of such notice or
copies thereof on the real property, motor vehicle, structure or area
immediately adjacent thereto shall constitute sufficient notice.
[Amended 11-15-2005 by Ord. No. 19-2005]
Within two days after notice of the violation of § 285-67, the party or parties affected may request a hearing with the Director of Public Safety by filing a written request with the Director. The owner of the motor vehicle or the property shall, with the request, file a fee of $30. The Director or his designee, after such hearing, shall affirm, withdraw or modify the notice. If the Director or his designee determines that the notice was incorrectly issued, the City shall reimburse the $30 hearing fee.
If a hearing is not requested, then the parties
affected shall proceed to remove or have removed the motor vehicle
or vehicles in question from the property in question in accordance
with the notice and order.
On proper request, a hearing on the matter shall
be given forthwith, and 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
hearing.
[Amended 11-15-2005 by Ord. No. 19-2005]
If the violation complained of is not remedied within the period as required by the order, the City shall, through its own agents, contractors and/or employees, remedy the violations and charge the costs thereof, plus the administrative fee prescribed by Chapter 36 to the real property owner on whose property the vehicles are located. Any bill for such removal or other action undertaken pursuant to this chapter shall be paid by the owner in accordance with Chapter 36, Municipal Claims. Upon failure of the property owner to pay the amounts due the City in accordance with Chapter 36, the City shall be entitled to collect all amounts and pursue any or all of the remedies identified in Chapter 36, Municipal Claims.
Nothing in this article shall prevent the Director
of Public Safety or duly authorized officials from removing from private
property, without notice, any attended or unattended motor vehicle,
the presence of which constitutes a hazard or threat to the life,
health, safety, welfare and morals of the residents of the City which
is imminently dangerous and, in the opinion of the Director or authorized
officials, constitutes a nuisance which gives rise to the existence
of emergency conditions.
[Amended 11-15-2005 by Ord. No. 19-2005]
Whoever violates any provision of this article
shall, upon conviction thereof, be fined not less than $50 nor more
than $300 and, in default of payment thereof, shall be imprisoned
for not more than 30 days. Each day's failure to comply with the order
of the Director of Public Safety shall constitute a separate offense
for each vehicle in violation thereof.
