[HISTORY: Adopted by the Borough Council of the Borough of Homestead 5-13-1987 by Ord. No. 983. Amendments noted where applicable.]
Any vehicle with five or more unpaid summonses or other process issued against it, for which the applicable statute of limitations has not expired, or the cumulative amount of such summonses or other process is greater than or equal to $25, inclusive of penalties, interest and costs, and said summonses and other process charge that such vehicle was parked, stopped, standing or otherwise operated in violation of the Commonwealth Vehicle Code, Chapter 240 of the Homestead Borough Ordinances, or any other ordinance of the Borough of Homestead which may from time to time be in effect, is hereby declared to be a public nuisance and the Police Department and the Homestead Borough Parking Authority, along with any agent of the Borough which may from time to time be assigned to traffic duty, are hereby authorized to remove such vehicle or cause it to be removed at the sole cost and expense of the scofflaw. The police and the Homestead Borough Parking Authority, or any agent of the Borough which may from time to time be assigned to traffic duty, shall have the power, and are hereby authorized to have the vehicle removed by private equipment to wherever is deemed advisable for the storage of such vehicles within the Borough of Homestead.
Within 12 hours from the time of removal of any vehicle, the Police Chief shall send notice of the fact that removal has been made and the notice shall identify the storage place of such vehicle and shall be mailed to the last registered owner if the name and address of such owner can be ascertained with reasonable diligence. Such notice shall also state that if the owner fails to reclaim the vehicle within 30 days from the date of mailing, title to such vehicle shall vest in the Borough of Homestead and the vehicle shall be sold at public auction to be held not sooner than 30 days after the expiration of the thirty-day period contained in the notice.
The registered owner of a vehicle having five or more unpaid summonses or other process issued against it, for which the applicable statute of limitations has not expired, or the cumulative amount of such summonses or other process is greater than or equal to $25, inclusive of penalties, interest and costs as set forth in § 208-1, shall be presumed to be the driver at the time the summonses or other process were in fact issued and shall be severally responsible for the offenses and impoundment, except where the use of the vehicle was obtained by the operator without the owner's consent.
Vehicles impounded pursuant to this chapter shall be released to their 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 unpaid and outstanding summonses or other process, or depositing of the collateral required for his appearance before the local District Justice to answer to each violation for which there is an outstanding or otherwise unsettled traffic violation notice or warrant and, in addition thereto, the charges for towing and storage.
Whenever any vehicle impounded pursuant to this chapter remains unclaimed by the owner or other person legally entitled to possession for 30 days, such vehicle may be sold in accordance with the Commonwealth Vehicle Code.
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
Unless otherwise set forth in this chapter, the provisions of Article VI of Chapter 240, Vehicles and Traffic, shall be incorporated herein by reference regarding matters of approved storage garages, bonding of garages, towing and storage charges and records for vehicles which have been removed and impounded.
Notwithstanding any provision herein, it is expressly understood that in accordance with the Parking Authority Law, 53 P.S. § 341 et seq. and specifically Section 345(d)(17) thereof, the exercise of any power by the Homestead Borough Parking Authority under this chapter shall not be construed to constitute the prosecution of a summary offense under 42 Pa.C.S.A. § 1301 et seq. (relating to traffic courts). Further, pursuant to Section 346 of the Parking Authority Law, all moneys collected or received by the Parking Authority pursuant to this chapter shall be received by it on behalf of the Borough of Homestead and shall not be deemed to constitute revenues and receipts of said Authority or be subject to any debt or obligation of the Authority.