[HISTORY: Adopted by the Borough Council of the Borough of
Eddystone 11-9-1992 by Ord. No. 555, approved 11-9-1992. Amendments noted where applicable.]
The purpose of this chapter is to protect the health, safety,
morals and welfare of the citizens of the Borough of Eddystone by
causing the removal of abandoned, illegally parked, stored, wrecked,
junked and stripped automobiles, trucks, trailers and other vehicles
from both public and private property and to abate public nuisances
caused by the storage of, parking of and accumulations of vehicles
which are detrimental to the health, safety, morals and welfare of
the citizens of the Borough of Eddystone or which constitute a peril
to highway and traffic safety.
As used in this chapter, the following terms shall have the
meanings indicated:
Any automobile, truck, trailer, motorcycle or other vehicle,
as defined in the Vehicle Code,[1] which:
Is inoperable and is left abandoned on a street, highway or
other public property for a period more than 48 hours.
Has remained illegally on a street, highway or other public
property for a period more than 48 hours.
Does not have a valid registration plate or a current certificate
of inspection or title and is left unattended on or along a street
or highway.
Has remained on private property without the consent of the
owner or persons in control of the property for more than 48 hours.
Is inoperable, is not a repairable vehicle, as defined herein,
and has remained on private property, except in a completely enclosed
structure or building, with or without the consent of the owner, for
a period in excess of seven days.
Does not have a valid registration plate or a current certificate
of inspection or title, is not a repairable vehicle, as defined herein,
and has remained on private property, except in a completely enclosed
structure or building, with or without the consent of the owner, for
a period in excess of seven days.
Any vehicle parked contrary to any ordinance of the Borough
of Eddystone or contrary to any provision of the Pennsylvania Motor
Vehicle Code.[2]
A natural person, firm, copartnership, association or corporation.
One that has been registered with the Borough of Eddystone
as a vehicle that will be repaired, properly licensed and inspected
within 30 days from the date of registration. For any wrecked, junked,
stripped or abandoned automobile, truck or motor 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 Eddystone, accompanied
by a registration fee of $25, certifying that the owner intends to
repair said vehicle within 30 days of 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.
The initial thirty-day period may be extended for a further thirty-day
period upon the payment of a fee of $5 and written proof that the
owner has made a good faith effort to repair the vehicle within the
initial thirty-day period but has been unable to do so because of
the inability to obtain the necessary parts needed to complete repair.
Every device in, upon or by which any person or property
is or may be transported or drawn.
The Eddystone Borough Police Department and the Borough Council,
upon recommendation of the Eddystone Borough Police Department, shall
have the authority to designate one or more salvor(s), selling agents,
storage garages or lot(s) as approved for the towing and storage of
impounded vehicles and shall authorize and issue a certificate of
authorization to every licensed salvor that complies with Title 75,
Chapter 73, of the Pennsylvania Statutes,[1] as well as the Eddystone Borough Code and the regulations
adopted by the Eddystone Borough Police Department for the towing
and storage of abandoned, wrecked, stripped, junked or illegally parked
vehicles. Certificates of authorization shall be issued for a period
of one year and shall be subject to annual renewal.
[1]
Editor's Note: See 75 Pa.C.S.A. § 7301 et seq.
Every such approved salvor, towing agent, storage garage or
lot shall post a bond in the amount of $50,000, to be filed with the
Borough Secretary, for the indemnification of the Borough of Eddystone,
Eddystone Borough Police Department and the owner and lienholder of
any such impounded vehicle against the loss thereof, or for injury
or damage thereto, while in the custody of said salvor, towing agent,
storage garage or lots. Each salvor may have one bond to cover all
places of business owned by said salvor.
A.
It shall be unlawful for any person to place, deposit, park, store
or leave or permit to be placed, parked, stored, left or deposited
any vehicle, or parts thereof, which are illegally parked or in an
abandoned, wrecked, junked or stripped condition as defined herein,
or which is in violation of any provision of law or any of the ordinances
of the Borough of Eddystone on any public or private property in the
Borough of Eddystone, whether vacant or occupied, or upon any public
street, highway, lane or alley within the Borough of Eddystone, unless
the same is authorized in conjunction with a business properly operated
pursuant to the zoning laws and other laws of the Borough.
B.
Members of the Police Department are hereby authorized to remove,
or to provide oral and written authorization for a licensed salvor
with a current certificate of authorization to remove, any automobile,
truck, trailer, motorcycle, van or other vehicle from the street or
highway or public or private property of the Borough and store the
vehicle in the storage facility of the salvor when such vehicle is
abandoned, wrecked, junked or stripped, as those words are defined
herein, or is parked on any of the streets, highways, public or private
property of and in the Borough in violation of any provisions of law
or of any ordinance of the Borough, provided that no vehicle shall
be removed or impounded except in strict adherence to the following
sections of this chapter.
A.
Whenever it is found that any person or any owner or occupier of
property in the Borough of Eddystone parks, places, stores or deposits
or permits to be parked, placed, stored or deposited any abandoned,
wrecked, stripped or illegally parked vehicle on any private or public
property, including but not limited to public streets, highways, lanes
or alleys, the Police Department of the Borough of Eddystone shall
serve notice upon said person, owner or occupier requiring them to
remove said abandoned, wrecked, junked or stripped vehicle within
five days of receipt of said notice, or any other lesser time as emergency
conditions may warrant. The notice shall describe the make, model
and registration plate number of the vehicle, if known, along with
the exact place where the vehicle is located. It shall be sufficient
notice to notify the person, owner or occupier by certified mail at
his last known address, if ascertainable, or to place an appropriate
notice upon the vehicle in a conspicuous place to remove said vehicle
within five days, or any other lesser time as the emergency conditions
may warrant.
B.
If the violations complained of shall not have been remedied within
the time period specified in said notice, the Borough of Eddystone
Police Department may remove said vehicle or provide oral and written
authorization to a licensed salvor with a current certification of
authorization to remove said vehicle by towing said vehicle and holding
said vehicle in storage until the cost of towing and storage, as well
as all fines and costs associated with the abandoned, wrecked, junked,
stripped or illegally parked vehicles, are paid in full. All fines
and costs shall, after a proper demand and refusal or a failure to
pay after 30 days, constitute a lien on said realty, which shall be
filed by the Solicitor upon receipt of all information.
C.
It shall be unlawful to park or leave any vehicle on private property
or any public street, highway, lane or alley if the presence of the
vehicle constitutes an immediate threat to the health, safety, welfare
and morals of the citizens of the Borough of Eddystone, or if the
vehicle poses an immediate danger to the safety and welfare of the
traveling public and the residents of the Borough of Eddystone, or
if, in the opinion of the authorized police officials, it constitutes
a nuisance which gives rise to the existence of emergency conditions,
and the Police Department of the Borough of Eddystone may remove any
such abandoned, wrecked, stripped or illegally parked vehicle, without
notice to the owner or person in control of said vehicle, place said
vehicle in storage and hold said vehicle until the cost of storage
and expenses for moving said vehicle are paid in full and until any
fines and costs associated with the abandoned, wrecked, stripped or
illegally parked vehicle have been paid.
D.
Within 36 hours of receipt of notice by a salvor that a vehicle has
been taken into possession under the authority granted by this chapter,
notice of the fact that such vehicle has been impounded shall be sent
by personal service or by certified mail, return receipt requested,
by the Police Department to the last known registered owner of the
vehicle and all lienholders of record. Such notice shall designate
the make, model, title number, vehicle identification number and registration
plate number, if known, the place from which said vehicle was removed,
the reason for its removal and impoundment and the location where
the vehicle is being held. Said notice shall also inform the owner
and any lienholder of their right to reclaim the vehicle and contents
thereof within 30 days after the date of notice at the place where
the vehicle is being held by the salvor upon payment of all fines,
towing and storage costs, and the notice must state that the failure
of the owner or lienholder to reclaim the vehicle is deemed consent
by the owner to the destruction, sale or other disposition of the
abandoned, wrecked, stripped or illegally parked vehicle and of all
lienholders to dissolution of their liens.
E.
When the Eddystone Borough Police Department receives a report from
a salvor who has towed a vehicle at the request of the Police Department,
which indicates that the vehicle is valueless except for junk, that
fact must be verified by the Eddystone Borough Police Department.
If the identity of the last known registered owner or lienholder cannot
be ascertained with reasonable certainty, no notice shall be required
and the Eddystone Borough Police Department shall issue a certificate
of junk. Issuance by the Eddystone Police Department of the certificate
of junk for a vehicle junked shall operate as a divesture of all right,
title and interest in the vehicle of the owner and all lienholders.
F.
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 said vehicle immediately.
Notice that a vehicle has been towed shall be given by personal
service or registered mail to the last known address of the violator.
If the identity of the last known registered owner and of all lienholders
cannot be determined with reasonable certainty, the contents of the
notice set forth in this chapter shall be published one time in one
newspaper of general circulation in the area where the vehicle was
towed from. The notice may contain multiple listings of abandoned,
wrecked, stripped or illegally parked vehicles. Notice by publication
locally shall be the responsibility of the salvor and such notice
shall have the same effect as notice sent by certified mail, return
receipt requested.
A.
The payment of any fines, towing and storage charges or impoundment
charges authorized by this chapter shall, unless said payments shall
have been made under protest, be final and conclusive, and shall constitute
a waiver of any right to recover the moneys paid.
B.
In the event that any fine, towing, storage and impoundment charges
so imposed shall be paid under protest and the offender, within five
days of paying all towing, storage and impoundment charges, fines
and costs, formally, in writing, requests a hearing with the District
Court having jurisdiction, the offender shall be entitled to a hearing
before said District Justice 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. Upon proper request,
a hearing on the matter shall be given forthwith, and where more than
one party is involved, it shall be the duty of the party requesting
said hearing to notify all other parties affected or interested at
the time or place of the impending hearing.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
C.
The payment of towing and storage charges shall not operate to relieve
the owner or operator of any vehicle from liability or any fine or
penalty for the violation of any law or ordinance because of which
said vehicle was removed or impounded.
The Police Department shall keep a record of all vehicles impounded
and shall at all times be able to furnish the owners or agents of
the owners thereof with information as to the place of storage of
such vehicles.
A.
All previous ordinances of the Borough of Eddystone pertaining to
the abandonment of vehicles are hereby repealed.
B.
The repeal of ordinances provided for in Subsection A above shall not affect or prevent the prosecution or punishment of any person for any act done or liability incurred in violation of any ordinance or regulation in force immediately prior to the taking effect of this chapter.
C.
The provisions of this chapter, insofar as they are the same as those
of ordinances and regulations in force immediately prior to the enactment
of this chapter, are intended as a continuation of such ordinances
and regulations and not as new enactments.
A.
Any person who violates any provision of this chapter shall, upon
conviction, pay a fine of not less than $50 nor more than $1,000 plus
any cost incurred as a result of the violation. If a person convicted
defaults in the payment of said fine and costs of prosecution, said
person shall be imprisoned for a period not to exceed 30 days.
B.
Each day that a person shall be in violation of this chapter shall
constitute a separate offense for each vehicle and violation of this
chapter.
