[HISTORY: Adopted by the Borough Council of the Borough of Clifton Heights 4-15-1985 by Ord. No. 643 (Ch. 10, Part 3, of the 1988 Code of Ordinances). Amendments noted where applicable.]
Vehicles and traffic — See Ch. 325.
[Amended 8-15-1988 by Ord. No. 682]
The practice of storing or depositing any abandoned or junked automobiles, vehicles, machinery, or discarded equipment of any kind, or parts thereof, in or on any private property, vacant or occupied, within the Borough of Clifton Heights shall be deemed to be and constitute a nuisance and is hereby prohibited.
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED and JUNKED
- Any one or more vehicles found to be on private property,
not within a completely enclosed structure or building, such as a
garage or accessory building, which can be easily secured from potential
health and safety hazards, and which is found to be any one of the
following:[Amended 8-15-1988 by Ord. No. 682]
- A. A motor vehicle which does not carry current license plates and which has been parked in the same spot for three days or more shall be considered an abandoned vehicle;
- B. A "junked vehicle" is a vehicle for which a certificate of junk has been issued by the Pennsylvania Secretary of Revenue or the official designated by any other state to issue such certificates; and
- C. A "junked vehicle" is any vehicle, providing that such vehicle is not registered with and certified by the Police Department as a repairable vehicle as defined in this section, in or on which it is found that any of the following conditions exist:
- (1) Its engine or motor or any other essential parts are inoperable or have been removed for more than 30 days;
- (2) Its tires, or any tire, have been deflated or its wheel or wheels have been removed for more than 30 days;
- (3) It bears no registration plate and/or no official inspection sticker, or any such sticker is not current by more than 30 days.
- ANTIQUE MOTOR VEHICLE
- A motor vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year, which has been maintained in or restored to a condition which is substantially in conformance with manufacturer's specifications.
- CLASSIC MOTOR VEHICLE
- A self-propelled vehicle, but not a reproduction thereof, manufactured more than 10 years prior to the current year and, because of discontinued production and limited availability, determined by the Pennsylvania Department of Transportation to be a model or make of significant value to collectors or exhibitors and which has been maintained in or restored to a condition which is substantially in conformity with manufacturer's specifications and appearance.
- REPAIRABLE VEHICLE
- Any vehicle in or on which is found any of the conditions specified under the definition of "abandoned" or "junked" motor vehicle, but which has been registered with the Borough of Clifton Heights as a vehicle that will be repaired, properly licensed and inspected within 30 days' time from the date of registration.
For any abandoned or junked 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 Clifton Heights, accompanied by a registration fee of $15, certifying that the owner intends to repair said vehicle within 30 days from 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.
Any individual, or individuals, who has registered a repairable vehicle with the Borough of Clifton Heights may, with a fee of $5 and written proof of a requisition for necessary parts yet to be delivered, renew his, or their, application for an additional 30 days if, and only if, the motor vehicle in question can be classified as an antique or classic motor vehicle.
[Amended 8-15-1988 by Ord. No. 682]
The Chief of Police is hereby authorized to remove and impound or to order the removal and impounding of any abandoned or junked vehicle parked in violation of any of the laws of the commonwealth or any ordinance of this Borough.
Prior to removal and impoundment of an abandoned or junked automobile bearing a registration plate by which the last registered owner of the vehicle can be determined, the police must send by certified mail a notice to the last registered owner of the automobile informing the owner that unless the vehicle is moved to a suitable location within five days of the date notice is mailed, the vehicle will be removed under this section and held at a suitable facility where it may be reclaimed by the owner in accordance with the provisions of §§ 316-10 and 316-11 (relating to payment of costs upon reclaiming vehicles). If the abandoned vehicle does not bear an identifiable registration plate, the notice may be secured to the vehicle.
If, within the five-day period, the owner so requests, the owner shall be given an opportunity to explain to the police officer or Department why the owner believes the vehicle should not be moved. If the police officer or Department determines that the vehicle shall, nonetheless, be moved, the owner shall be given an additional 48 hours to move the vehicle or have it moved.
Every such approved storage garage shall post a bond, in the amount of $2,000, to be filed with the Borough Secretary and/or Borough Manager, for the indemnifying of the owner of any such impounded vehicle against the loss thereof, or injury or damage thereto, while in the custody of said pound keeper.
Said rates may be changed from time to time by Borough Council by resolution.
Within 12 hours from the time of removal of any vehicle under authority granted by this chapter, notice of the fact that such vehicle has been impounded shall be sent by the Chief of Police of the Borough to the owner of record of such vehicle if such owner can be determined. If the owner of record cannot be determined, notice shall be sent to the owner of the property from which the vehicle was removed. Such notice shall designate the place from which said vehicle was removed, the reason for its removal and impounding, and the pound in which it shall have been impounded.
The payment of any towing and impounding charges authorized by this chapter shall, unless such payment shall have been made under protest, be final and conclusive and shall constitute a waiver of any right to recover the money so paid.
In the event that any towing and impounding charges so imposed shall be paid under protest, the offender shall be entitled to a hearing before a Magisterial District Judge 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 in other cases of summary offenses, and shall have the same rights as to appeal and waiver of hearing.
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
The Chief of Police shall keep a record of all vehicles impounded and shall be able at all reasonable times to furnish the owners or agents of the owners thereof with information as to the place of storage of such vehicles.
The payment of towing and storage charges shall not operate to relieve the owner or operator or any vehicle from liability for any fine or penalty for the violation of any law or ordinance on account of which the said vehicle was removed and impounded.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
Any person violating or failing to comply with any section of this chapter shall, upon summary conviction, be sentenced to pay a fine not in excess of $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.
Each violation of each section of this chapter shall be considered a separate offense; if such violation continues for more than one day (24 hours), each day's violation shall be a separate offense.
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 such vehicle immediately.