[Adopted 11-8-1978 by Ord. No. 4-78]
This article shall be known and may be cited as the "Washington Township Parking Ordinance of 1978." This article is enacted in conjunction with and under the authority of and within the terms and provisions of the Act of Assembly of the Commonwealth known as the "Pennsylvania Motor Vehicle Code," as amended.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
The purpose of this article is to provide for the regulation and control of the parking of certain vehicles upon certain streets and road rights-of-way of the Township of Washington, Erie County, Pennsylvania, in conjunction with and under the authority of and within the terms and provisions of the Act of Assembly of the Commonwealth known as the "Pennsylvania Motor Vehicle Code." In all cases not specifically covered by the provisions of this article, the provisions of the Pennsylvania Motor Vehicle Code shall apply.
A. 
Except as otherwise provided herein, words and phrases when used in this article shall have the meanings ascribed to them in the Pennsylvania Motor Vehicle Code as now enforced or as hereafter amended, reenacted or enacted.
B. 
As used in this article, the following terms shall have the meanings indicated:
APPROPRIATE OFFICER
Any properly authorized police officer or Washington Township employee.
ROAD RIGHT-OF-WAY
That portion of a street or highway between the regularly established curblines or abutting property lines and that part improved and intended to be used for vehicular traffic.
STREET
Is included in the definition of "highway" in the Vehicle Code.
A. 
Parking prohibited.
(1) 
Both sides. Except where necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal, the stopping or parking of vehicles is totally prohibited on both sides of the following streets and/or road rights-of-way:
Name of Street
Location
Bonnieview Drive
From Lay Road to Lakeview Drive
Briarcliff Drive
From Angling Road to Lay Road
Cussewago Circle
Entire length
Decker Drive
From Angling Road to Lakeview Drive
Grandview Avenue
From Lay Road to Lakeview Drive
Harold Drive
From Angling Road to Lakeview Drive
Highland Drive
From Angling Road to borough line
Lakeview Drive
From Louise Avenue to Decker Drive
Lay Road
From Angling Road to Crane Road
Linden Avenue
From Angling Road to Lakeview Drive
Louise Avenue
From Lay Road to Lakeview Drive
Ridge Avenue
From Linden Avenue to Walters Avenue
Wallace Street
From Lay Road to Lakeview Drive
Walters Avenue
From Lay Road to Lakeview Drive
B. 
Owner prima facie responsible for illegal parking. If any vehicle is found upon a street, highway or road right-of-way in violation of any provisions of this article regulating the stopping, standing or parking of vehicles, and the identity of the operator cannot be determined, the owner, or person in whose name such vehicle is registered shall be prima facie responsible for such violation.
A. 
For each violation of this article there shall be attached to such vehicle a notice to the owner or operator thereof that such vehicle has been parked in violation of this article. Each owner or operator may, within 48 hours of the time when such notice was attached to such vehicle, pay to the appropriate police official or District Justice the sum of $5 for each such attached notice or may, after the expiration of such time, but within the next 48 hours, pay $10 for each such notice attached to such vehicle.
B. 
The payment in either manner as set forth in Subsection A hereof shall be effective as payment of the penalty for and in full satisfaction of any parking violation of this article.
C. 
Each and every notice of violation attached to any vehicle parked in violation of this article shall be considered a separate violation.
D. 
A notice of violation may be issued to violators at two-hour intervals. Said two-hour interval is to commence upon issuance of the first notice of violation.
[Amended 12-3-1996 by Ord. No. 7-96; 7-1-1997 by Ord. No. 3-97]
A. 
Enforcement proceedings for violations of this article shall be as provided in Chapter 1, General Provisions, Article III, Criminal Enforcement.
B. 
Whoever violates any of the provisions of this article or who fails to satisfy such violation under § 131-9 above, and any person who aids, abets or assists therein, shall be required to pay a criminal fine in the amount of $300 per violation and shall be imprisoned to the extent allowed by law for the punishment of summary offenses.
A. 
The appropriate officer or Washington Township employee is authorized to remove and impound or to order the removal and impounding of any vehicle parked on any of the streets or highway or road rights-of-ways identified in § 131-8 above in violation of this article or of any ordinance of Washington Township. No vehicle shall be removed or impounded except in strict adherence to the provisions of this article.
B. 
Towing and storage charges. The following are fixed and established as the charges that shall be made for the towing and storage of any vehicle removed and impounded under the authority of this article:
[Amended 3-5-1985 by Ord. No. 2-85]
(1) 
Towing from any location in Washington Township:
(a) 
Passenger cars, including station wagons: $35.
(b) 
All other vehicles: $50.
(2) 
Storage: $3 per day or any part thereof.
C. 
Notification to owners. Within 24 hours from the time of removal of any vehicle under authority granted by this article, notice of the fact that such vehicle has been impounded shall be sent by the appropriate officer or other official or employee of Washington Township to the owner of record of such vehicle. Such notice shall designate the place from which the vehicle was removed, the reason for its removal and impounding and the pound in which it shall have been impounded.
D. 
Payment of charges required. No person shall remove any vehicle from a storage garage or pound without first paying the towing and storage charges therefor.
E. 
Payment of charges without protest. Payment of any towing and impounding charges authorized by this article, unless such payment shall have been made under protest, shall be final and conclusive and shall constitute a waiver of any right to recover the moneys so paid.
F. 
Payment of charges under protest. 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 Justice or court of record having jurisdiction, in which case such defendant shall be proceeded against and shall receive such notice as is provided by the Vehicle Code in other cases of summary offenses, and shall have the same rights as to appeal and waiver of hearing.
G. 
Record of vehicles impounded. Washington Township or its properly authorized officers or employees shall keep a record of all vehicles impounded and shall be able at all reasonable times to furnish the owners or agents of the owners thereof with information as to the place of storage of such vehicle.
H. 
Liability of vehicle owner or operator. The payment of towing and storage 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 the vehicle was removed and impounded.
I. 
The foregoing provisions of this section shall be in addition to and supplemental to the provisions of Article I, Interference With Snow Removal Operations, of this chapter, and shall not affect the validity thereof.