[HISTORY: Adopted by the Borough Council of the Borough of
Clifton Heights 4-15-1985 by Ord. No. 643 (Ch. 10, Part 3, of the
1988 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 325.
[Amended 8-15-1988 by Ord. No. 682]
The practice of storing or depositing any abandoned or junked
automobiles, vehicles, machinery, or discarded equipment of any kind,
or parts thereof, in or on any private property, vacant or occupied,
within the Borough of Clifton Heights shall be deemed to be and constitute
a nuisance and is hereby prohibited.
As used in this chapter, the following terms shall have the
meanings indicated:
Any one or more vehicles found to be on private property,
not within a completely enclosed structure or building, such as a
garage or accessory building, which can be easily secured from potential
health and safety hazards, and which is found to be any one of the
following:
[Amended 8-15-1988 by Ord. No. 682]
A motor vehicle which does not carry current license plates
and which has been parked in the same spot for three days or more
shall be considered an abandoned vehicle;
A "junked vehicle" is a vehicle for which a certificate of junk
has been issued by the Pennsylvania Secretary of Revenue or the official
designated by any other state to issue such certificates; and
A "junked vehicle" is any vehicle, providing that such vehicle
is not registered with and certified by the Police Department as a
repairable vehicle as defined in this section, in or on which it is
found that any of the following conditions exist:
Its engine or motor or any other essential parts are inoperable
or have been removed for more than 30 days;
Its tires, or any tire, have been deflated or its wheel or wheels
have been removed for more than 30 days;
It bears no registration plate and/or no official inspection
sticker, or any such sticker is not current by more than 30 days.
A motor vehicle, but not a reproduction thereof, manufactured
more than 25 years prior to the current year, which has been maintained
in or restored to a condition which is substantially in conformance
with manufacturer's specifications.
A self-propelled vehicle, but not a reproduction thereof,
manufactured more than 10 years prior to the current year and, because
of discontinued production and limited availability, determined by
the Pennsylvania Department of Transportation to be a model or make
of significant value to collectors or exhibitors and which has been
maintained in or restored to a condition which is substantially in
conformity with manufacturer's specifications and appearance.
Any vehicle in or on which is found any of the conditions
specified under the definition of "abandoned" or "junked" motor vehicle,
but which has been registered with the Borough of Clifton Heights
as a vehicle that will be repaired, properly licensed and inspected
within 30 days' time from the date of registration.
A.
For any abandoned or junked vehicle on private property to be considered
a repairable vehicle, an application must be made by the owner of
the vehicle to the Borough of Clifton Heights, accompanied by a registration
fee of $15, certifying that the owner intends to repair said vehicle
within 30 days from the date of registration and will have the vehicle
properly inspected, licensed, and in operating condition within the
allotted time. Upon application, the Police Department shall certify
that the vehicle may be registered as a repairable vehicle.
B.
Any individual, or individuals, who has registered a repairable vehicle
with the Borough of Clifton Heights may, with a fee of $5 and written
proof of a requisition for necessary parts yet to be delivered, renew
his, or their, application for an additional 30 days if, and only
if, the motor vehicle in question can be classified as an antique
or classic motor vehicle.
[Amended 8-15-1988 by Ord. No. 682]
The Chief of Police is hereby authorized to remove and impound
or to order the removal and impounding of any abandoned or junked
vehicle parked in violation of any of the laws of the commonwealth
or any ordinance of this Borough.
A.
Prior to removal and impoundment of an abandoned or junked automobile bearing a registration plate by which the last registered owner of the vehicle can be determined, the police must send by certified mail a notice to the last registered owner of the automobile informing the owner that unless the vehicle is moved to a suitable location within five days of the date notice is mailed, the vehicle will be removed under this section and held at a suitable facility where it may be reclaimed by the owner in accordance with the provisions of §§ 316-10 and 316-11 (relating to payment of costs upon reclaiming vehicles). If the abandoned vehicle does not bear an identifiable registration plate, the notice may be secured to the vehicle.
B.
If, within the five-day period, the owner so requests, the owner
shall be given an opportunity to explain to the police officer or
Department why the owner believes the vehicle should not be moved.
If the police officer or Department determines that the vehicle shall,
nonetheless, be moved, the owner shall be given an additional 48 hours
to move the vehicle or have it moved.
Every such approved storage garage shall post a bond, in the
amount of $2,000, to be filed with the Borough Secretary and/or Borough
Manager, for the indemnifying of the owner of any such impounded vehicle
against the loss thereof, or injury or damage thereto, while in the
custody of said pound keeper.
Within 12 hours from the time of removal of any vehicle under
authority granted by this chapter, notice of the fact that such vehicle
has been impounded shall be sent by the Chief of Police of the Borough
to the owner of record of such vehicle if such owner can be determined.
If the owner of record cannot be determined, notice shall be sent
to the owner of the property from which the vehicle was removed. Such
notice shall designate the place from which said vehicle was removed,
the reason for its removal and impounding, and the pound in which
it shall have been impounded.
The payment of any towing and impounding charges authorized
by this chapter shall, unless such payment shall have been made under
protest, be final and conclusive and shall constitute a waiver of
any right to recover the money so paid.
In the event that any towing and impounding charges so imposed
shall be paid under protest, the offender shall be entitled to a hearing
before a Magisterial District Judge or court of record having jurisdiction,
in which case such defendant shall be proceeded against and shall
receive such notice as is provided by the Vehicle Code[1] in other cases of summary offenses, and shall have the
same rights as to appeal and waiver of hearing.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
The Chief of Police shall keep a record of all vehicles impounded
and shall be able at all reasonable times to furnish the owners or
agents of 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 or any vehicle from liability for
any fine or penalty for the violation of any law or ordinance on account
of which the said vehicle was removed and impounded.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
A.
Any person violating or failing to comply with any section of this
chapter shall, upon summary conviction, be sentenced to pay a fine
not in excess of $600, plus costs, and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days.
B.
Each violation of each section of this chapter shall be considered
a separate offense; if such violation continues for more than one
day (24 hours), each day's violation shall be a separate offense.
No vehicle shall be removed under the authority of this chapter
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.
