[Adopted 11-1-2004 by Ord. No. 04-06]
As used in this article, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
Portion of a street or highway improved, designed, or ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
A level, concrete area, used as a pedestrian walkway, which
parallels but is separate from the cartway of a street.
The entire width between the boundary lines of a way publicly
maintained when any part thereof is open to the use of the public
for purposes of vehicular travel.
It shall be unlawful to park any vehicle on
any public street or road during the course of any snow storm, ice
storm or snow fall, during the course of which or following which
any salting, cindering, plowing or other snow or ice removal operations
are undertaken by the Township or by any other governmental unit authorized
to undertake such operations or by any private contractors under contract
for such operations to the Township or to any other governmental unit
authorized to undertake such operation. It shall further be unlawful
to park any vehicle on any public street or road following such storm
for a period of 12 hours or until the completion of any salting, cindering,
plowing, or snow removal operations as aforesaid, whichever period
is greater. A snow storm, ice storm, or snow fall requiring salting,
cindering, plowing or other snow removal operations as aforesaid shall
be construed to mean any such snow storm, ice storm or snow fall during
or immediately following, which the Township or other governmental
unit or private contractor under contract to the Township or other
governmental unit actually undertakes such operations and shall include
but not be limited to any storm during which there is an accumulation
of at least one inch of snow as measured at Philadelphia International
Airport, by the National Weather Service or other official governmental
body authorized to make such measurement.
The Township is hereby authorized to remove
and impound or to order the removal and impounding of any vehicle
parked on any streets or roads or sidewalks of Upper Uwchlan Township
in violation of the provisions of this article, provided that no vehicle
shall be removed or impounded except in adherence to the provisions
of this article.
The Township by resolution shall designate an
approved storage facility as a pound for the storage of such impounded
vehicles and every such approved storage facility shall post a bond
in an amount fixed by Township resolution from time to time, said
bond to be filed with the Board of Supervisors indemnifying of the
owner of any such impounded vehicle against the loss thereof of injury
or damage thereto while in the custody of such storage garage.
The Township shall by resolution from time to
time fix and establish the charges that shall be made for the towing
and storage of any vehicle removed and impounded under the authority
of this article.
The Township shall have the right to remove and impound vehicles that are parked illegally as set forth in § 155-8 hereof.
Within 12 hours from the time of the removal
of any vehicle and under the authority of this article, notice of
the fact that such vehicle has been impounded shall be sent by the
Township to the owner of record of such vehicle; such notice shall
designate the place from which such vehicle was removed, the reason(s)
for its removal and impounding and the place it shall have been impounded.
The payment of any towing and impounding charges
as authorized by this article shall, unless such payment shall have
been made under protest, be final and conclusive and shall constitute
a waiver of any right to recover the monies so paid.
In the event that any towing and impounding
charges so imposed shall be paid under protest, the offender shall
be entitled to a hearing before a Magisterial District Judge or court
of record having jurisdiction, in which case such offender shall be
proceeded against and shall receive such notice as is provided by
the Vehicle Code[1] as in other cases of summary offenses and shall have the
rights as to appeal and waiver of hearing as therein provided.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101
et seq.
The Township shall keep a record of all vehicles
impounded and shall be able at all reasonable times to furnish the
owner or agents of the owners thereof with information as to the place
of the storage of such vehicles.
The paying of towing and storing charges shall
not operate to relieve the owner or operator of any vehicle from liability
for any fine or penalty for the violation of any law or ordinance
on account of which such vehicle was removed and impounded.
No vehicles shall be removed under the authority
of the article if, at the time of the intended removal thereof, the
owner or person in charge of such vehicle is present and expresses
a willingness and intention to remove such vehicle immediately.
[Amended 1-18-2011 by Ord. No. 2011-03]
It shall be a violation of this article for
any person(s) to deposit snow or ice onto any Township street or road.
It shall also be a violation of this article for any person(s) to
relocate any snow or ice onto any cleared or uncleared portion of
any Township street or road. The piling of ice and snow on any property
that restricts the ability of the operators of motor vehicles or any
pedestrians with limited sight distance to safely see other persons
or vehicles that may come upon them is also prohibited.
[Amended 1-17-2006 by Ord. No. 06-01; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
The owners of any property with sidewalks/walkways
shall have all ice and snow removed from such sidewalks 12 hours from
the last snow/ice fall. Owners shall then maintain these sidewalks
to ensure they remain free of the hazards of snow and ice. Should
the snow and ice on the sidewalk or walkway be frozen so that it cannot
be removed without injury to the pavement or damaging the base of
the sidewalk, the person having charge of the ice and snow removal
shall cause the sidewalk abutting or adjacent to such premises to
be strewn and to be kept strewn with ashes, sand or any suitable abrasive
material and shall, as soon thereafter as the weather shall permit,
thoroughly clean such sidewalks.
It shall be a violation of this article to deposit
snow upon any fire hydrant or connection for any fire suppression
system and upon official United State mail receptacles.
[Amended 1-17-2006 by Ord. No. 06-01]
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
