[Amended in its entirety 3-20-2006 by Ord. No.
889]
As used in 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 the motor vehicle, prevents
the vehicle from being driven.
A.
Any vehicle having three or more unpaid citations,
summonses or other processes issued against it within a twenty-four-month
period, charging that such vehicle was parked, stopped or standing
in violation of the Commonwealth of Pennsylvania Motor Vehicle Code,
this article or any other traffic ordinance of the Borough of Mount
Oliver, is deemed to be a public nuisance, and the Police Department
or any duly elected Constable, Deputy Constable or representative
of the Borough of Mount Oliver assigned to traffic duty is hereby
authorized to:
B.
If the vehicle has remained immobilized for a period
of 48 hours and release has not been obtained, the police or other
persons authorized by the Borough of Mount Oliver shall have the authority
to remove such vehicle or cause it to be removed at the sole cost
and expense of the habitual violator.
C.
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.
A.
Any act of tampering with or removal of the device
shall be separate offenses and may be prosecuted as a violation of
the criminal mischief and theft section of the Pennsylvania Crimes
Code (18 Pa.C.S.A. §§ 3304 and 3921).
B.
The Borough of Mount Oliver assumes no liability for
loss or damage to said vehicle while immobilized and/or removed.
C.
The police or other person authorized by the Borough
of Mount Oliver shall have the power and is hereby authorized to remove
the vehicle by either private or governmental equipment to a place
within the Borough of Mount Oliver, wherever possible, or in the event
that there is no storage space within the Borough of Mount Oliver,
then elsewhere as deemed advisable.
A.
In the event that the owner of the vehicle believes
that the immobilization was not authorized pursuant to this article,
he may demand a hearing on the immobilization before the District
Magistrate having jurisdiction. Such demand shall be made in writing
in accordance with the procedures established by the District Magistrate.
Such hearing shall be held when scheduled by the District Magistrate.
B.
The sole issue to be determined at such hearing on
the immobilization shall be whether three or more parking violation
citations, summonses or other processes have been issued against the
vehicle within a twenty-four-month period and remain unpaid. As to
whether or not the citations remain outstanding and unpaid, the certified
records as provided by the Borough of Mount Oliver and/or District
Magistrate's office having jurisdiction shall be a conclusive presumption
of the status of the citations.
C.
Any person whose vehicle is immobilized or impounded under the provisions of this article shall have the right to leave the vehicle in the facility to which it was towed or immobilized by a boot, pending the hearing referred to in Subsections A and B. If found guilty, such person shall be responsible for all accrued storage charges.
D.
If the District Magistrate determines that three or
more unpaid parking violation citations with a twenty-four-month period
are not outstanding and that the towing or the use of the boot was
unauthorized, the owner shall be entitled to immediate release and
return of the vehicle without the payment of any boot charge, towing
fee or storage charges.
E.
If the District Magistrate determines that the three
or more unpaid parking violation citations, summonses or other processes
within a twenty-four-month period are outstanding, the owner may obtain
release of the vehicle by any of the means set forth in this article.
A.
Before the owner or his agent is permitted to remove
an impounded vehicle from the site to which it was towed, he shall:
B.
In the event that the owner of the vehicle believes
that the towing was not authorized, he may demand a hearing on the
impoundment before a District Magistrate having jurisdiction. Such
demand shall be made in writing in accordance with the procedures
established by the District Magistrate. Such hearing shall be held
when scheduled by the District Magistrate.
C.
If the District Magistrate determines that the vehicle
was impounded without reasonable cause to believe that it was in violation
of this article, the traffic ordinances of the Borough of Mount Oliver,
or the laws of the Commonwealth of Pennsylvania, or that the towing
was unauthorized, the owner or any person on behalf of the owner with
written proof of authority shall be entitled to immediate release
and return of the vehicle without the payment of any towing fee or
storage charges. However, such a finding shall not preclude a District
Magistrate or other court of competent jurisdiction from subsequently
requiring payment of towing or storage fees as a part of any penalty
imposed in connection with a conviction on the underlying traffic
offense.
Payment of immobilization, towing and storage
charges unless made under protest, shall be final and conclusive and
shall constitute a waiver of any right to recover the money so paid.
If the immobilization, towing and/or impounding
charges are paid under protest, the offender shall be entitled to
a hearing before a District Magistrate having jurisdiction. The defendant
shall be proceeded against and receive such notices as are provided
by the Commonwealth of Pennsylvania Vehicle Code in other cases of
summary offenses and shall have the same rights of appeal and waiver
of hearing. If the District Magistrate acquits the defendant, the
District Magistrate shall certify to the Borough of Mount Oliver the
transcript of the hearing and his or her disposition of the case,
and the Borough Secretary of the Borough of Mount Oliver shall cause,
within five days thereafter, a refund to the defendant of the amount
of immobilization, towing and/or storage charges paid by the defendant
or in his behalf.
A.
The Borough of Mt. Oliver is hereby authorized to impose and collect a charge of $125 to cover the costs of immobilization of vehicles. A notice of this charge shall be given on the warning notice placed on each immobilized vehicle as provided for in § 248-45C of this article. Fifty dollars of said cost shall be paid to the person authorized to and who in fact did affix the boot at such time as said $125 in costs are conclusively determined to be due the Borough of Mount Oliver, excepting therefrom the members of the Borough of Mount Oliver Police Department.
B.
The Borough of Mount Oliver is hereby authorized to
impose and collect charges for towing vehicles by Borough of Mount
Oliver equipment or by private towers in the sum of $110 per tow from
the point where the vehicle was located within the Borough of Mount
Oliver to the site to which it was towed.
The amount of costs, fees, and fines set forth
in this article shall be changed from time to time (as deemed advisable
by Council) by resolution of Borough Council, duly adopted at regular
or special meetings.
