[Adopted 9-14-1978 by part of Ord. No. 384, approved 9-14-1978]
The repairing or dismantling of motor vehicles upon the highways of the Borough of Colwyn is hereby prohibited.
[Amended 4-13-1989 by Ord. No. 450]
It shall be unlawful to permit any motor vehicle not bearing a license tag or bearing an expired license plate or sticker or not bearing a state inspection sticker for the current term or to permit any disabled or abandoned motor vehicle to remain on the public streets or private property within the Borough for more than 72 hours. Each seventy-two-hour period during which a vehicle remains in violation of this Part 2 shall constitute a separate offense.
A. 
Disabled and abandoned vehicles.
[Amended 8-10-1987 by Ord. No. 442]
(1) 
Removal of vehicles. Whenever a vehicle is found parked in violation of § 140-33, the Police Department may remove such vehicle or cause it to be removed to a pound approved by the Borough Council.
(2) 
Notice to owner prior to removal. Prior to the removal of such vehicle found in violation, the Police Department shall send a notice by certified mail to the last registered owner of the vehicle, if ascertainable, informing the owner that unless the vehicle is moved to a suitable location within seven days of the date the notice is mailed, the vehicle will be removed as provided under this chapter. If said vehicle does not bear an identifiable registration plate, certificate of inspection or vehicle identification number plate, the notice may be secured to the vehicle.
(3) 
Recovery of vehicles. No person shall be permitted to remove from any approved pound any vehicle impounded under the provisions of this chapter unless such person:
(a) 
Furnishes satisfactory evidence of his identity and ownership of the vehicle or of his right to the possession thereof.
(b) 
Pays all charges for towing and storage in accordance with the fee schedule of the tower and storage facility. Unless such charges are paid under protest, the payment thereof shall be final and conclusive and shall constitute a waiver of any right to recover the money so paid. If payment is made under protest, however, the offender shall be entitled to a hearing before the Justice of the Peace or a court of competent jurisdiction, in which case the defendant shall be proceeded against in accordance with the requirements of the Pennsylvania Vehicle Code[1] as in other cases of summary offense.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
(4) 
The person in charge of any approved storage pound to which an impounded vehicle has been removed under this chapter shall comply with the requirements of Chapter 73 of the Pennsylvania Motor Vehicles Code pertaining to the giving of notice to owners and the Department of Revenue during the time said vehicle is stored at such facility and in the disposal of such vehicle.
(5) 
Provisions not exclusive. Nothing in this chapter is intended to prohibit the Police Department from instituting legal proceedings against the owner or driver of any vehicle charged with the violation of any other ordinance or act of assembly.
(6) 
Fines. A person who shall be convicted of a violation of § 140-33 of this Part 2 shall, upon conviction thereof before a District Justice of the Peace, pay a fine or penalty for each offense not to exceed the sum of $600, together with cost of prosecution, or, in default thereof, undergo imprisonment in the county jail for a term not to exceed five days for each offense. Each day that the person is in violation of § 140-33 hereof shall constitute a separate offense.
[Amended 11-10-1988 by Ord. No. 447]
B. 
Any person violating or causing to be violated § 140-32 of this Part 2 shall, upon conviction thereof, before a District Justice of the Peace, pay a fine or penalty for the first offense of $5, plus costs of prosecution or, in default thereof, undergo imprisonment in the county jail for a period not to exceed five days and, for the second or subsequent offenses, pay a fine of $10 plus costs of prosecution or, in default thereof, undergo imprisonment in the county jail for a period not to exceed 10 days.