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."