For the preservation of public peace, health
and safety, the Mayor is hereby authorized and directed to designate
a storage garage or garages, subject to the approval of City Council,
as an official pound or pounds to which vehicles impounded as hereinafter
provided shall be removed.
[Amended 6-11-1974 by Ord. No. 2924; 11-28-1995 by Ord. No. 3163; 5-9-2023 by Ord. No. 3163.1]
Whenever any vehicle shall be found parked on a roadway in violation
of any law or any ordinance of the City of Bradford now or hereafter
in force, such vehicle shall be removed (towed), upon the authorization
of the City Council or City Police Department, or its authorized representative.
To be considered a legally parked vehicle the following requirements
must be met: a) the vehicle must include valid required financial
responsibility (insurance), b) valid state registration, c) valid
state inspection, d) the vehicle must be in operable condition, and
e) the vehicle is not unduly interrupting traffic flow or impeding
response of emergency vehicles. If the vehicle owner or possessor
is present at the time and expresses a willingness and intention to
immediately remove such vehicle, they then shall be given that opportunity
to take immediate action. When a vehicle is towed, the Officer shall
consider this determination in the best interest of safety and/or
verify the vehicle is not legally parked, or not in conformance with
one or all of the requirements listed above. The authority for this
is established in the PA Vehicle Code Section 3351, 3352, and 3352(c)(4) and City Ordinance No. 3163/210-42.
[Amended 11-28-1995 by Ord. No. 3163; 5-28-2002]
The person removing or directing the removal
of any vehicle shall immediately make a report thereof to the Chief
of Police or the officer in charge, giving the registration number
and the location of the pound to which the vehicle has been removed
and the reason for its removal, and as soon as practicable from the
time of the removal of any vehicle, provided that the vehicle has
not already been released from the pound, the City Council or its
authorized representative shall notify the owner of such vehicle by
registered mail, restricted delivery that the same has been impounded,
designating the place from which such vehicle was removed, the reason
for its removal and impounding, and the pound in which it has been
impounded. The Police Department shall keep a record of all vehicles
impounded and be able at all times to furnish the owners or agents
thereof with information as to the place of impounding.
[Amended 5-28-2002]
Before the owner or his agent shall be permitted
to remove an impounded vehicle from such pound, he shall pay to the
person in charge of the official pound or his agent the actual towing
and storage charges incurred by the City and procure from said individual
a release indicating whether or not payment was made under protest.
The payment of the towing and storage charges
shall not operate to relieve the owner from liability for any fine
or penalty for violation of any law or ordinance on account of which
the vehicle was impounded, and provided, further, that payment of
such charges, unless 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 towing and impounding charges
are paid under protest, the offender shall be entitled to a hearing
before an Alderman or Magisterial District Judge having jurisdiction,
in which case the defendant shall be proceeded against and receive
such notice as is provided by the Vehicle Code in other cases of summary offenses and shall have the
same rights as to appeal and waiver of hearing. If the Alderman or
Magisterial District Judge shall, in accordance with law, acquit the
defendant, the Alderman or Magisterial District Judge shall forthwith
certify to the City Treasurer the facts, and the City Treasurer shall,
within five days, refund to the defendant the amount of said towing
and storage charges paid by him or in his behalf.
[Amended 11-28-1995 by Ord. No. 3163]
The City Council or its authorized representative
is hereby empowered, authorized and directed to rent or partially
rent a garage or garages for the storage of vehicles impounded under
the provisions of this article.
[Amended 9-20-1965 by Ord. No. 2730; 11-28-1995 by Ord. No. 3163]
If at the expiration of 30 days after mailing of the notice provided for in §
210-43 above such vehicle is not redeemed by the owner or his agent, the City Council or its authorized representative shall proceed to sell the same at public auction after first giving notice of such sale by publication in a newspaper of general circulation in the City once a week for a period of three weeks before the day fixed for such sale. Such notice, in addition to the time and place of such sale, shall describe the vehicle to be sold with reasonable certainty, giving the manufacturer's trade name and make, motor number and license number and shall state to whom, if anyone, the records of the commonwealth show the vehicle to belong. If the name and address of the owner shall be known, the City Council or its authorized representative shall send him a copy of said published notice promptly after the first publication of the same. The proceeds of such sale, after the payment of all expenses thereof, shall be paid to the City. At any time within six months after such sale, the former owner of the vehicle sold, upon application to the City Council or its authorized representative and upon presentation of satisfactory proof that he was the owner of said vehicle and the furnishing of such reasonable indemnification bond to the City as the City Council or its authorized representative may require, shall be paid the net balance remaining from such sale as was paid to the City.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person who shall violate any provision of this article commits
a summary offense and, upon conviction, shall be sentenced to pay
a fine of not more than $1,000 or to imprisonment for not more than
90 days, or both.