[HISTORY: Adopted by the Borough Council of the Borough of
Mount Union 9-17-2011 by Ord. No. 2011-2. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 310.
From and after the effective date of this chapter, it shall
be unlawful to park or store any motor vehicle not bearing a current
registration or not bearing a current inspection sticker, or both,
upon real estate within the Borough of Mount Union. This chapter shall
not apply to vehicles in an enclosed or partially enclosed structure,
such as a garage.
The provisions of this chapter shall not be applicable to any
commercial garage or business dealing in the sale of or repair of
motor vehicles.
The Code Enforcement Officer and/or the Borough Police Department
are hereby given the authority to enforce all provisions of this chapter.
A.
All abandoned
motor vehicles shall be removed by the owner or operator thereof or
by the owner or occupant of the private property on which the said
motor vehicle is abandoned. Upon the failure of the owner or operator
of any abandoned or junked motor vehicle to remove the same within
30 days after receiving notice from the Mount Union Borough Police
Department and/or Code Enforcement Officer to remove the same, such
notice being given either by personal service or by certified mail
to the owner or operator of such abandoned motor vehicle or to the
owner or occupant of the private property on which the said abandoned
or junked motor vehicle is found, the Mount Union Borough Police Department
and/or the Code Enforcement Officer may remove the same or cause the
same to be removed.
B.
In the event that the Police Department and/or the Code Enforcement Officer shall be unable to ascertain the ownership of an abandoned motor vehicle found upon private property, a Borough police officer and/or the Code Enforcement Officer, or someone at their direction, may notify the owner or occupant of the private property, by certified mail or by personal service, that such vehicle exists, and thereafter the owner or occupant of the private property shall cause the abandoned motor vehicle to be removed to an authorized junk or scrap yard within 30 days. If the owner or occupant of such private property shall fail to remove the abandoned motor vehicle, as set forth in this section, said owner or occupant shall be subject to the penalties provided in § 306-5 of this chapter.
C.
Where an
abandoned motor vehicle is removed under the provisions of this chapter
and it remains unclaimed for a period of 15 consecutive days without
being removed by its owner or any other person duly authorized to
remove same, a Borough police officer and/or the Code Enforcement
Officer shall be authorized to report or cause to be reported such
abandonment to the Bureau of Motor Vehicles of the Department of Transportation
of the Commonwealth of Pennsylvania, as provided in the Vehicle Code.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
D.
Specific
towing and storage charges to be made under this chapter shall be
fixed, from time to time, by the Borough Council of the Borough of
Mount Union. The owner or operator of any impounded vehicle shall
be entitled to recover possession of such vehicle upon the payment
to the Borough of the towing and storage charges. The payment of such
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. In the event that the towing and impounding charges
are paid under protest, the offender shall be entitled to a hearing
before a Magisterial District Judge or a court of record having jurisdiction,
as in the case of a prosecution of summary offenses under the Motor
Vehicle Code of Pennsylvania, and the said Magisterial District Judge
or court of record shall proceed in accordance with Paragraph 1103
of the Motor Vehicle Code of the Commonwealth of Pennsylvania.
Violations of the provisions of this chapter and the failure
to comply with the enforcement action described herein shall constitute
a monetary offense punishable by a fine of up to $300 and/or 90 days'
imprisonment and shall be sufficient cause for the issuance of a citation
for such violation. Each day that a violation occurs hereunder shall
constitute a separate and distinct violation.
All provisions of previous ordinances of the Borough of Mount
Union or parts thereof which are contrary or inconsistent with this
chapter are expressly repealed, including Ordinance No. 1087, dated
August 4, 2008, which is fully repealed.
