This article is enacted generally for the protection
of public peace, safety and welfare and specifically for the prevention
and removal of traffic hazards, prevention and abatement of public
nuisances arising from traffic law violations and for the protection
of the public rights in the use of Latrobe's streets and thoroughfares.
The penalty and enforcement provisions as hereinafter contained and provided for in this article shall be in addition to any other provision for penalties and enforcement for traffic violation as contained in this chapter, including but not limited to those enforcement provisions contained in §§ 256-20, 256-31 and 256-37.
For the purpose of this article, the following
terms shall have the meanings indicated:
A device consisting of metal clamps or jaws and a padlocking
device which, when attached to the wheel of a motor vehicle, prevents
the vehicle from being operated.
All automobiles, trucks, truck-trailers, trailers and other
motor vehicles of any kind.
Any vehicle found on any public street, public
parking lot and/or public garage of Latrobe, having charged against
the owner or owners thereof citations, summonses or other process
for motor vehicle traffic or parking violations issued within the
prior eighteen-month period, the cumulative unpaid fines for which
shall exceed the sum of $50 and against which such vehicle shall then
be issued a citation, summons or other process, charging that such
vehicle was parked, stopped or standing in violation of any law or
ordinance of Latrobe, shall be deemed a public nuisance, and any member
of the Police Department of Latrobe, as well as any other agent of
Latrobe assigned to traffic duty, upon specific authorization and
directive by the Chief of Police, is hereby authorized to:
A.
Remove or cause to be removed such vehicle, whether
by a municipal towing vehicle or by a towing vehicle hired as an independent
contractor by the municipality, at the expense of the owner or owners
of such vehicle or at the expense of the habitual violator, and to
cause said vehicle to be towed to and stored at the municipal garage
or, alternatively, the place of business of the independent contractor
hired by the municipality; or
B.
Immobilize for up to 72 hours by means of applying
a boot and then to remove such vehicle or cause to be removed, whether
by a municipal towing vehicle or by a towing vehicle hired as an independent
contractor by the municipality, at the sole cost and expense of the
owner(s) or habitual violator, and to cause said vehicle to be towed
to and stored at the municipal garage or the place of business of
the independent towing contractor hired by the municipality. In any
case involving the immobilization of a vehicle pursuant to this section,
a notice shall be placed on such vehicle, in a conspicuous manner,
sufficient to warn any individual that such vehicle has been immobilized
and that any attempt to move such vehicle may result in damage thereto.
Further, said notice shall contain information pertaining to the cost
of towing and storing said vehicle; the date upon which said vehicle
shall be towed and the place of storage; and the necessary steps for
the owner, owners or habitual violator to take in order to avoid towing,
storage and the costs incidental thereto.
The registered owner or owners of a vehicle having against it the cumulative outstanding unpaid citations, summonses or other process as hereinabove set forth in § 256-43 shall be presumed to be the owner or owners at the time the citations, summonses or other processes were in fact issued and shall be severally responsible for the offenses and the towing and impoundment or immobilization, as well as the costs related thereto, except where the use of the vehicle was secured by the operator without the owner's or owners' consent.
Any vehicle immobilized or impounded pursuant
to this article shall be released to its lawful owner or person entitled
to possession upon a showing of adequate evidence of a right to its
possession and upon paying all accrued fines and costs for each outstanding
unpaid citation, summons or other process, as well as any charges
for immobilizing, towing and/or storage, or depositing of the collateral
required for his or her appearance in the District Justice Court to
answer to each violation for which there is an outstanding or otherwise
unsettled citation, summons or other process and, in addition thereto,
any charges for immobilizing, towing and storage.
The Chief of Police of Latrobe is hereby authorized
to:
A.
Verify, upon request by any member of the Police Department
of Latrobe or any other agent of Latrobe assigned to traffic duty,
whether there shall exist any vehicle citations, summonses or other
process for motor vehicle traffic or parking violations issued within
the prior eighteen-month period, the cumulative unpaid fines for which
shall exceed the sum of $50.
B.
Upon verification and determination that unpaid fines
do exist in excess of the sum of $50 for any such vehicle upon which
verification is requested, direct any member of the Police Department
of Latrobe or any other agent of Latrobe assigned to traffic duty
to:
(1)
Remove or cause to be removed such vehicle, whether
by a municipal towing vehicle or by a towing vehicle hired as an independent
contractor by the municipality, and to cause said vehicle to be towed
to and stored at the municipal garage or, alternatively, the place
of business of the independent contractor hired by the municipality;
or
(2)
Immobilize for up to 72 hours, by means of applying
a boot, and then to remove such vehicle or cause to be removed, whether
by a municipal towing vehicle or by a towing vehicle hired as an independent
contractor by the municipality, and to cause said vehicle to be towed
to and stored at the municipal garage or the place of business of
the independent towing contractor hired by the municipality.
C.
Impose and collect a charge for the cost of immobilization of vehicles, which charge shall be based upon an amount adopted and amended by resolution of the Latrobe Council as then in force. A notice of this charge shall be given on the warning notice placed on each immobilized vehicle as provided in § 256-41B of this article.
D.
Impose and collect charges for towing and storing
impounded vehicles according to the schedule of towing and storage
costs, to be adopted and amended by resolution of the Latrobe Council
then in force.
A.
Unless made under protest, payment shall be final
and conclusive and shall constitute a waiver of any right to recover
the money so paid.
B.
If paid under protest, the offender shall be entitled
to a hearing before a District Justice having jurisdiction. The defendant
shall be proceeded against and receive such notice as is provided
by the laws of the Commonwealth of Pennsylvania and other cases of
summary offenses and shall have the same rights of appeal and waiver
of hearing. If the District Justice acquits the defendant on all outstanding
unpaid citations, summonses or other process, Latrobe shall, within
five days, refund to the defendant the collateral so deposited and
paid by him or in his behalf.
