This article shall be known and referred as the "Immobilization,
Towing and Storage Ordinance."
This article is enacted as an enforcement procedure for protection
of the public peace, safety and welfare, and the safeguarding of property,
and shall be used generally for the prevention and abatement of public
nuisances arising from traffic violations and for the protection for
the public rights within the Borough of Charleroi.
[Amended 12-11-2014 by Ord. No. 1010; 12-14-2022 by Ord. No. 1042]
Any officer of the Police Department, the Borough Manager, or
Manager's designee, is hereby authorized to immobilize, remove
and impound, or to order the immobilization, removal and impounding,
of any vehicle parked on any of the streets, highways or public property
within the Borough in violation of any provision of the laws of the
Commonwealth of Pennsylvania or of any ordinance of the Borough of
Charleroi, or junked on private property, and to remove and impound,
or to order the removal or impounding of, any abandoned, wrecked or
junked vehicle within said Borough, provided that no such vehicle
shall be immobilized, removed or impounded except in strict adherence
to the provisions of this article.
The registered owner or owners of a vehicle having against them
three or more outstanding motor vehicle traffic citations or Borough
parking violations shall be presumed to be the owner or owners at
the time the citations or violations were, in fact, issued and shall
be severally responsible for the offenses and costs of impoundment
or immobilization, except where the use of the vehicle was illegally
secured by the operator without the owner's or owners' consent.
[Amended 12-11-2014 by Ord. No. 1010]
A. Whenever there is found any motor vehicle parked upon the streets
or public grounds of the Borough of Charleroi whose owner or owners
have received three or more unpaid or otherwise unsettled motor vehicle
traffic citations or Borough parking violations issued within an eighteen-month
period, said vehicle shall be deemed a public nuisance. Violators
shall be allowed a minimum of 48 hours from their receipt of the third
violation before any action is taken to boot their vehicle. After
the forty-eight-hour period, however, any officer of the Police Department
shall:
(1) Immobilize such vehicle for up to 24 hours by means of applying a
boot, and thereafter remove such vehicle or cause it to be impounded
at the sole cost and expense of the owner or habitual violator; or
(2) Remove, or cause to be impounded, such vehicle at the expense of
the owner or owners of such vehicle or at the expense of the habitual
violator.
B. If the owner or owners or person or persons for the time being in
charge of such vehicle are present, any officer of the Police Department,
prior to completing the immobilization and/or prior to calling the
towing company to remove a vehicle, may, at the sole discretion of
the police officer, release said vehicle upon the immediate payment
at the Magisterial District Office of all outstanding motor vehicle
traffic citations or Borough parking violations. Proof by adequate
evidence of a right to possession shall be required prior to release
of said vehicle.
This article does not limit the authority and power of any police
officer to tow vehicles from specifically prohibited places as set
forth in any of the statutes of the Commonwealth of Pennsylvania,
including but not limited to 75 Pa.C.S.A. §§ 3352 to
3353.
[Amended 12-11-2014 by Ord. No. 1010]
Any resident holding a valid salvor's license from the Commonwealth
of Pennsylvania, any resident of the Borough of Charleroi who owns
and operates a tow truck business, or any other person who owns a
garage and towing business located within the Borough of Charleroi
shall be eligible to provide towing for any wrecked, junked and/or
impounded vehicles as identified by the Police Department so long
as they meet the following criteria:
A. Maintain liability insurance in the minimum amount of $300,000 and
property damage insurance in the minimum amount of $150,000;
B. Own or have available to them a secured facility, having either a
physical structure or a fenced-in area, for the storage of impounded
vehicles;
C. Submit annually to the Chief of Police and to Borough Council verification
of insurance coverage;
D. Submit annually to the Chief of Police and to Borough Council a report
setting forth towing and storage charges for impounded vehicles and
the location of the storage facility to be used. Said facility shall
be inspected by the municipality, and, upon approval by Council, each
towing business shall be placed on an approved list; and
E. In the event they desire to tow abandoned or junked vehicles, submit
annual verification of their valid salvor's license.
[Amended 12-11-2014 by Ord. No. 1010]
A. Whenever it is necessary to have a wrecked vehicle or an immobilized
vehicle towed and impounded, the Police Department shall use the names
on the list approved by Council on a rotating basis, subject to their
availability.
B. Whenever it is necessary to have a junked or abandoned vehicle towed
or impounded, the Police Department shall use the names on the list
of salvors approved by Council on a rotating basis, subject to their
availability.
The charge for release from immobilization shall include all
charges for immobilization, towing and storage, shall be in addition
to amounts required by law to be paid to the Pennsylvania Department
of Transportation and shall include the following:
A. Towing and storage costs for wrecked, impounded, junked and/or abandoned
vehicles shall be determined by the tow company and the garage whose
services are utilized, subject to approval by Borough Council;
B. Administrative costs incurred in the efforts to locate the owner
of a wrecked, impounded, junked and/or abandoned vehicle, to include
certified mailing costs, costs of service of legal papers and/or notices;
C. An immobilization charge of $100;
D. Payment
of all outstanding citations; and
E. Any and
all necessary and appropriate judicial costs as determined by a court
of competent jurisdiction.
The Police Department shall keep a record of all vehicles immobilized
or removed and shall be able at all reasonable times to furnish the
owner or owners or the agent of the owner or owners thereof with information
as to the place of storage of such vehicles.