A.
The Pennsylvania Vehicle Code, 75 Pa.C.S.A. §§ 6102
and 6109(a)(22), and the Borough Code, 53 P.S. §§ ,
empower the Borough to enact ordinances and regulations for operation
of parking regulations, and to adopt traffic and vehicle regulations
necessary for the safety and general welfare of the residents and
visitors of the Borough.
B.
The Edgewood police, upon authorization by the Chief of Police, shall
remove the motor vehicle by private commercial equipment to a suitable
storage facility as determined by the Borough. The commercial facility
must be an approved storage facility and a certificate of insurance
must be provided by the operator.
A.
The Mayor, Police Chief, Public Safety Committee and Borough Council,
after a judicious analysis of the enforcement background of the parking
ordinances and the Pennsylvania Vehicle Code, have determined the
need for additional legislation to deal with scofflaws or those who
flout the law and fail to pay fines owed.
B.
The purpose of this article is to protect the public, promote safety
and safeguarding of property, remove traffic hazards, abate public
nuisances arising from traffic law violations, and to protect the
public's right to use Borough streets and thoroughfares.
Any unattended motor vehicle found parked on any Borough street,
alley or Borough parking lot with five or more unpaid or unsettled
traffic or parking tags, summonses, citations or other processes,
in violation of the Pennsylvania Vehicle Code or the Borough traffic
ordinances is considered a public nuisance and the Edgewood Police
Department, upon authorization from the Chief of Police, may remove
and impound the vehicle to any place designated Borough or may immobilize
the vehicle in a manner as to prevent its operation. Only the motor
vehicle will be subject to immobilization and shall be immobilized
by means that will cause no damage while in the parked position. Impoundment
or immobilization as provided in this section may be done by personnel
authorized by the Chief of Police.
Whenever the Edgewood Borough Police Department impounds a vehicle
under this article, notice of the removal and storage place of the
vehicle shall be mailed to the last registered owners or persons entitled
to possession of the vehicle. The notice shall state that if the registered
owners or persons entitled to possession of the vehicle fail to reclaim
the vehicle within 60 days from the date of the mailing, title to
the vehicle will vest in the Borough of Edgewood, and the vehicle
shall be sold at public auction not sooner than 30 days after the
expiration of the sixty-day period.
A.
The person under whose direction the vehicle is removed or immobilized
shall inform the registered owners or persons entitled to possession
of the vehicle of the reason that the vehicle was impounded or immobilized.
Authorized personnel shall place a warning notice on the vehicle state
that any attempt to move the vehicle might result in damage to the
vehicle.
B.
Tampering with the immobilization device shall be a separate offense
and may be prosecuted under the Pennsylvania Crimes Code, for criminal
mischief, 18 Pa.C.S.A. § 3304; and for theft, 18 Pa.C.S.A.
§ 3921.
C.
The Borough of Edgewood assumes no responsibility and shall not be
liable for any loss or damage to the vehicle while immobilized.
D.
If the immobilized vehicle remains unclaimed for a period of 72 hours,
the Chief of Police shall have the authority to order removal of the
vehicle at the expense of the registered owners or persons entitled
to possession of the vehicle.
The registered owners or persons entitled to possession of the
vehicle with five or more unpaid or unsettled traffic or parking tags,
summonses, citations or other processes against it shall be responsible
for all accrued fines and costs for each outstanding or unsettled
traffic or parking violation, and charges for immobilization, towing,
storage and other charges, except an unforeseen medical emergency
or death in the family causing the vehicle to remain on the street
for an extended period of time, or where proof is presented that the
vehicle had been stolen and had not been returned to the registered
owners or persons entitled to possession of the vehicle by the dates
of the violations. The release shall be signed by the Chief of Police.
Vehicles immobilized or impounded under this article shall be
released to the registered owners or persons entitled to possession
of the vehicle upon presenting proof of ownership or acceptable evidence
of a right to its possession and upon paying all accrued fines and
costs for each outstanding or unsettled traffic or parking violation
and the charges for immobilization, towing, storage and other charges.
A.
If the registered owners or person entitled to possession of the
vehicle claim that the immobilization, removal and/or impoundment
was not authorized, a written request may be submitted to the Borough
to schedule a Vehicle Immobilization Hearing before the District Justice.
The sole issue to be determined at the hearing shall be whether five
or more unpaid or unsettled traffic or parking tags, summonses, citations
or other processes were issued against the vehicle and remain unpaid.
B.
If the District Justice rules that the immobilization, removal and
or/impoundment was unauthorized or unjustified, the registered owners
or persons entitled to possession of the vehicle shall be entitled
to immediate release and return of the vehicle with no charges for
immobilization, removal and/or impoundment.
C.
If the District Justice rules that five or more unpaid or unsettled
traffic or parking tags, summonses, citations or other processes were
issued and unpaid, the registered owners or persons entitled to possession
of the vehicle may obtain release of the vehicle by making payment
of outstanding or unsettled traffic or parking violations and charges
for immobilization, towing, storage and other charges.
A.
If the impounded vehicle remains unclaimed for a period of 60 days
from the day notice was mailed to registered owners or persons entitled
to possession of the vehicle, Edgewood Borough may sell the vehicle
at a public auction to the highest bidder for cash. The time and place
of the sale shall be published at least once in a newspaper of general
circulation in the Borough, not less than 10 days nor more than 15
days from the expiration of the 60 days. Notice shall contain a full
description of the vehicle to be sold, time and place of sale. The
proceeds of the sale shall be paid to the Borough of Edgewood minus
lien settlement costs, towing, storage and immobilization charges
and advertising and miscellaneous charges and fees.
B.
No Edgewood Borough employee, elected official or immediate family
of an employee or elected official directly or indirectly is allowed
to purchase or participate in the bidding or purchase of any vehicle
offered for sale.
C.
If the value of the vehicle is determined to be insufficient to warrant
storage and sale, the registered owners or persons entitled to possession
of the vehicle shall be notified of its insufficient value. Within
60 days after the notification, the Borough of Edgewood shall notify
the registered owners of persons entitled to possession of the vehicle
that it intends to dispose of or destroy the vehicle through a licensed
salvor. The vehicle shall be considered to be valueless abandoned
property, and there shall be no claim against the Borough, nor any
of its agents or employees, by reason of any such determination or
disposition.
