[Added 12-13-2001 by Ord. No. 935]
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.
A.
For the purpose of this article, all automobiles, trucks, truck-tractors,
trailers and any other vehicles of any kind shall be referred to as
"vehicle."
B.
ABANDONED VEHICLE
BOOT
HABITUAL VIOLATOR
JUNKED VEHICLE
PUBLIC NUISANCE
As used in this article, the following terms shall have the meanings
indicated:
Any vehicle which, for a period of more than 48 hours, is
physically inoperable and is left unattended, remains illegally on
a highway, remains illegally on private property, or is unattended
on a highway and does not bear a valid registration plate, a certificate
of inspection, or an ascertainable vehicle identification number.
[Amended 12-14-2022 by Ord. No. 1042]
A device consisting of metal clamps or jaws and a padlocking
device which, when attached to the wheel of a motor vehicle, prevents
the vehicle from being driven.
Any person or persons who own a vehicle or who, for the time
being, are in charge of such vehicle which is classified as a public
nuisance as defined below.
Any vehicle which is inoperable or unable to meet the vehicle
equipment and inspection standard under law to the extent the cost
of repairs would exceed the value of the repaired vehicle.
Any vehicle whose owner or owners have received three or
more unpaid or otherwise unsettled motor vehicle traffic citations
and/or Borough parking violations.
[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.
A.
Whenever there is found any motor vehicle on the streets or public
grounds of the Borough which has been damaged or is otherwise inoperable,
and the owner or owners or person or persons in charge for the time
being are present and able to have said vehicle removed, then it shall
be their right to select a towing business of their own choice and,
at their own expense, to remove or cause to be removed said vehicle.
B.
Whenever there is found any motor vehicle on the streets or public
grounds of the Borough which has been damaged or is otherwise inoperable,
and for which the owner or owners or the person or persons for the
time being in charge of said vehicle are physically unable to provide
for the custody or removal of the vehicle, any officer of the Police
Department shall remove or cause to be removed to an approved storage
facility said vehicle at the expense of the owner or owners.
[Amended 12-11-2014 by Ord. No. 1010]
C.
Whenever there is found any motor vehicle junked and/or abandoned
on any of the streets or public grounds of the Borough for a period
in excess of 48 hours, then the subject vehicle shall be removed or
caused to be removed to an approved storage facility, such removal
at the expense of the owner or owners.
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.
A.
In any case involving immobilization of a vehicle pursuant to this
article, there shall be placed on such vehicle, in a conspicuous manner,
a notice warning that such vehicle has been immobilized and that any
attempt to move such vehicle might result in damage thereto.
B.
It shall be the duty of any police officer removing a motor vehicle,
for any reason whatsoever, or under whose direction such vehicle is
removed, to inform as soon as practicable the owner of the removed
vehicle of the nature and circumstances of the removal; the amount
of prior unsettled motor vehicle citations or parking violation notices
for which or on account of which such vehicle was removed; and the
place to which it has been taken.
A.
Vehicles immobilized or removed pursuant to this article shall be
released to their lawful owner or owners or person or persons entitled
to possession upon showing of adequate evidence of a right to its
possession. The owner or duly authorized person entitled to possession
of an immobilized or towed vehicle may secure its release by payment
of all outstanding motor vehicle traffic citations or Borough parking
violations for which the vehicle was immobilized or removed and by
payment of all reasonable costs incidental to the immobilization,
removal, storage and the efforts to locate the owner of the vehicle;
or by posting of the bond required for his appearance in the Magisterial
District Judge's Court to answer to each violation for which there
is an outstanding or otherwise unsettled motor vehicle traffic citation
or parking violation and, in addition thereto, depositing the charges
for immobilizing, towing, and storage. The posting of bond and entry
of appearance before a Magisterial District Court shall apply only
to any outstanding motor vehicle traffic violations and/or Borough
parking violations which are within the ten-day statutory summary
notice requirement.
B.
No vehicle immobilized or towed allowed under this article may be
released to the owner or duly authorized person entitled to possession
of said vehicle without payment of, in addition to any other amount
as provided under this article, the appropriate judicial court costs
as determined by the Magisterial District Court wherein the Borough
is located, in accordance with an approved schedule established by
the Court Administrator of Pennsylvania or the County Court of Common
Pleas.
C.
The owner of such vehicle shall pay to the Borough of Charleroi an
auto reclamation and release fee in the amount of $100 prior to the
release of the vehicle to the owner.
[Added 12-14-2022 by Ord.
No. 1042]
D.
The Borough shall furnish proof of payment to the vehicle owner.
[Added 12-14-2022 by Ord.
No. 1042]
E.
The vehicle owner shall be required to furnish proof of payment and
documentation to the towing and storage company prior to release of
the vehicle to the owner. It is strictly prohibited to release the
vehicle without such documentation and proof of payment.
[Added 12-14-2022 by Ord.
No. 1042]
A.
Payment of any immobilization, towing, or storage charges authorized
by this article, unless made under protest, shall be final and conclusive
and shall constitute a waiver of any right to recover the monies so
paid.
B.
The owner of any vehicle immobilized or towed shall have the right
to be heard on the validity of the action taken by the Borough, if
a hearing before a Magisterial District Judge is requested within
15 days of payment of the charges.
C.
In the event that the Magisterial District Judge having jurisdiction
sentences any person to the payment of any fines contained herein,
such fines shall be payable to and returnable by the Magisterial District
Court located within the Borough of Charleroi, Washington County,
Pennsylvania.
D.
In the event that the Magisterial District Judge having jurisdiction
finds any person not guilty of the motor vehicle traffic violations
and/or Borough parking violations, then any monies posted by him,
including charges for immobilization, towing and storage, shall be
refunded to said person.
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.
