[HISTORY: Adopted by the Council of the City of Coatesville as indicated
in article histories. Amendments noted where applicable.]
[Adopted 10-23-1989 by Ord.
No. 847-89 (Ch. 91 of the 1989 Code)]
The Council finds it to be in the interest of the residents of the City
of Coatesville and the general public to provide for the regulation of conduct
it deems to be offensive; to prevent vice, disorder and immorality; and to
promote public peace, health and safety, and to this end the Council enacts
this article.
No person who has legal or equitable ownership of real estate (property)
located in the city shall knowingly allow that real estate to be used as the
site for the sale of illicit narcotics or controlled dangerous substances,
after having received written notice from the City that a present occupant
or tenant of that property has been convicted of selling illicit narcotics
or controlled dangerous substances at that property.
Nothing in this article shall be construed to encourage or authorize the discrimination by lessors against any person(s) based upon race, creed, religion, sex, age or national origin. Rather, it is the intent of this article to hold persons accountable for acquiescing in the continued use of their property as the location of illegal drug sales, after having received notice as set forth in § 97-2.
The conviction for violation of this article will be determined by the
appropriate judicial authority; such determination of conviction shall be
made where:
No person shall be charged with the violation of this article if such
person has instituted eviction proceedings against the tenant(s) whose suspected
criminal activities would otherwise give rise to potential liability under
this article. The owner (lessor) is required, however, to move forward expeditiously
with any such eviction proceedings.
[Amended 3-25-1996 by Ord.
No. 1012-96]
Whoever violates any provision of this article shall upon conviction
thereof be fined not more than $1,000 and costs of prosecution or shall be
imprisoned for no more than 90 days, or both such fine and imprisonment.
[Adopted 2-28-2000 by Ord.
No. 1123-2000]
A.
Any member of the City of Coatesville's Police Department
is authorized to remove and/or impound or to order the removal and/or impounding
of any vehicle used in violation of the Controlled Substance, Drug, Device
and Cosmetic Act[1] which constitutes property subject to common law rights of forfeiture
or seizure by the commonwealth as determined by the Chester County District
Attorney's office or such other appropriate law enforcement authority.
[1]
Editor's Note: See 35 P.S. § 780-101 et seq.
B.
Any vehicle impounded under the above authority shall
be impounded in the City of Coatesville for a time period of a maximum of
10 days. Any impounded vehicle will be held until the Chester County District
Attorney's office, or other appropriate law enforcement authority, determines
that the vehicle held subject to the aforementioned authority should be released
or transferred. In the event that a determination is made not to release a
vehicle from forfeiture, the vehicle will be towed to the towing lot of the
Chester County District Attorney's Office, or other appropriate law enforcement
authority, subject to procedures promulgated by such authority. In the event
that a determination is made by the above-referenced authorities to release
a vehicle from forfeiture, the vehicle will be released to the owner or custodian
upon payment of the towing and storage charges identified herein, or disposed
of in accordance with the laws and regulations (including the laws of the
City of Coatesville) governing abandoned vehicles.
The City of Coatesville shall designate, by resolution, specific buildings
or outdoor parking areas where vehicles impounded under this chapter shall
be taken and stored, including any city parking lot or lots, as applicable.
No storage garage shall be required to post a bond in order to be approved
as a pound.
A.
The owner or custodian of any vehicle removed or impounded
under the provisions of this article shall pay to the city the standard towing
and storing charges (for a maximum of 10 days' storage) as authorized by resolution
of the City Council (and made part of the city's Fee Schedule), before the
vehicle shall be released. Payments should be made to the City of Coatesville
Police Department, which shall issue a receipt therefor. Such payments shall
be in addition to the payment of any fine levied for the violation of the
law necessitating the towing and/or impounding.
B.
Any towing service or wrecking company engaged to tow
vehicles in the City of Coatesville shall agree to accept payment for its
towing services from the city after the city's receipt of payment for same.
If a vehicle must be towed an additional time (if abandoned or declared to
be forfeited), the towing service or wrecking company shall receive payment
for its towing services in accordance with the procedures governing abandoned
vehicles or those promulgated by the supervising authority. This second towing
will be made by the tower subject to the acknowledgment that the towing fee
and storage charges owed to the city shall be given first priority of payment.
Within 12 hours of the time of the removal of any vehicle under authority granted by § 97-7 herein, notice of the fact that such vehicle has been impounded shall be sent by the City of Coatesville Police Department to the owner of record of such vehicle. Such notice shall designate the place from which such vehicle was removed, and reasons for its removal and impounding and the authority under which it was impounded.
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.
If any towing and impounding charges are paid under protest, the offender
shall be entitled to a hearing before a court having jurisdiction. In such
case, the defendant shall receive such notice as is provided by applicable
law in other cases of summary offenses and shall have the same rights as to
appeal and waiver of hearing. If the court shall find in favor of the defendant,
the City Finance Director shall refund to the alleged offender the towing
and storage charges paid under protest.
The City of Coatesville Police Department 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 fine or penalty for the violation of the laws
of the Commonwealth of Pennsylvania on account of which the vehicle was removed
and impounded.
Nothing herein contained shall be construed to limit or change in any
way rights or remedies to which poundkeepers may be entitled.
This article governing the towing and impoundment of vehicles shall be consistent with and interpreted in pari materia with the provisions governing towing services found in Chapter 210 of the City Code and relating to abandoned vehicles.
In addition to the towing and storage charges as identified herein,
in circumstances where the Coatesville Police Department has impounded a vehicle
in a city parking lot (or lots) in accordance with the provisions herein,
there shall be, in addition to the daily storage costs and towing costs, as
authorized hereunder, an administrative fee of 25%
