Any abandoned vehicle shall constitute a nuisance. One of the evidences, among others, of abandonment is the failure of a vehicle to be operable and the failure to exhibit a current state inspection sticker upon the vehicle.
Nothing in this chapter shall prevent duly authorized police officials from removing from public or private property, without notice, any attended or unattended automobile or vehicle, the presence of, which constitutes an immediate hazard or threat to the life, health, safety, welfare and morals of the citizens of the Borough of Darby and which is imminently dangerous and, in the opinion of the authorized police officials, constitutes a nuisance which gives rise to the existence of emergency conditions.
[Amended 5-4-1988 by Ord. No. 657, approved 5-4-1988]
Any person violating any section or provision of this chapter shall be sentenced to pay a fine for a first offense of up to $100 and all costs of prosecution. For a subsequent violation by the same person, the fine shall be no less than $100 nor more than $500 and all costs of prosecution, or, in default thereof, the violator shall be imprisoned for a period not to exceed five days. In the event that the offending vehicle has been removed by the police and impounded, the violator shall, in addition to any of the aforesaid fines and costs and imprisonment, pay all costs of disposing of the vehicle, in accordance with law.
The impounding and storage of any vehicle, as directed by the Darby Police Department pursuant to this chapter, shall be with a salvor authorized by the Department of Transportation of the Commonwealth of Pennsylvania. Said salvor shall comply with the Vehicle Code, Act of June 17, 1976, P.L. 162, No. 81, and in particular with 75 Pa.C.S.A. §§ 7301 through 7311, inclusive. A copy of said sections is attached hereto, made a part hereof and marked "Exhibit A."[1]
[1]
Editor's Note: A copy of Exhibit A is on file in the office of the Borough Secretary.