[Adopted 11-18-1999 by Ord. No. 99-5]
The following designated streets and/or parking
lots are hereby established as no-parking/tow-away zones. Signs shall
be posted to place the public on notice that their vehicles may be
towed for violation of the Township parking regulations. Parking shall
be prohibited at all times in the following locations:
|
Street or Bridge
|
Side
|
Between
|
|---|---|---|
|
Chrisphalt Drive
|
Both
|
Entire length
|
|
Colony Drive
|
Both
|
100 feet in each direction from intersection
with Hanover Street
|
|
Driftwood Road
|
East
|
Designated area between Lois Lane and Louise
Lane
|
|
Hanover Street
|
Both
|
100 feet in each direction from intersection
with Colony Drive
|
|
Hillside Road
|
Both
|
500 feet east of Bridge No. 120
|
|
Liberto Lane
|
Both
|
Entire length
|
|
Ruch Road
|
Both
|
Entire length, including cul-de-sac
|
This article is enacted under the authority
of Section 6109(a)(22) of the Vehicle Code,[1] and gives authority to the Township to remove and impound
those vehicles which are parked in a tow-away zone and in violation
of parking regulations of the Township. Vehicles which have been abandoned
(as defined by the Vehicle Code) or which are parked in such a manner
as to interfere with traffic or pose a hazard to others may be towed
under the provisions of the Pennsylvania Vehicle Code.
[1]
Editor’s Note: See 75 Pa.C.S.A. § 6109(a)(22).
The Township shall have authority to remove
and impound, or to order the removal and impounding, of any vehicle
parked overtime or otherwise illegally, provided that the circumstances
of its parking were within the conditions in this article; provided,
no such vehicle shall be removed or impounded except in strict adherence
to the provisions of this article, or the provisions of the Pennsylvania
Vehicle Code.
Removal and impounding of vehicles under this
article shall be done only by approved storage garages that shall
be designated from time to time by the Township Supervisors. Every
such garage shall submit evidence to the Township Supervisors that
it is bonded or has acquired liability insurance in an amount satisfactory
to the Township Supervisors as sufficient to indemnify owners of impounded
vehicles against loss or damage to those vehicles while in the custody
of the garage keeper for the purpose of towing or storage. The approved
storage garage shall submit to the Township Supervisors its schedule
of charges for towing and storage of vehicles under this article,
and, when the schedule is approved by the Township Supervisors, those
charges shall be adhered to by the approved storage garage; no different
schedule of charges shall be demanded of or collected from any person
whose vehicle is removed or impounded under this article by any approved
storage garage. The Township Supervisors shall delete from its list
of approved storage garages any garage that makes any unapproved charge
in connection with any vehicle removed or impounded under this article.
The payment of towing and storage charges shall
not relieve the owner or driver of any vehicle from liability from
any fine or penalty for the violation of the provision of this article
for which the vehicle was removed or impounded.
In order to reclaim his vehicle, the owner shall
pay towing and storage costs, plus a fee of $25, of which $10 shall
be transferred to the Pennsylvania Department of Transportation by
the garage to which the vehicle was taken.
The Township shall cause a record to be kept
of all vehicles impounded under this article and shall be able during
normal Township office hours to furnish the owners or the agents of
the owners of those vehicles with information as to the place of storage
of the vehicle.
No vehicles shall be removed under the authority
of this article or the Vehicle Code if, at the time of the intended
removal, the owner or the person for the time being in charge of the
vehicle is present and expresses a willingness and intention to remove
the vehicle immediately.
Any person who shall violate any provision of
this part shall, upon conviction thereof, be sentenced to pay a fine
of $50, together with all costs of disposing of the vehicle under
provisions of the Vehicle Code, 75 Pa.C.S.A. § 7301 et seq.
(1977), as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania.
If after a period of 15 days the vehicle in
storage remains unclaimed, a report shall be filed with PennDOT in
accordance with § 7311 of the Vehicle Code,[1] by the person having legal custody of the vehicle. If
the vehicle has not been claimed after 30 days, the vehicle may be
transferred to a licensed salvor who will then be responsible for
filing the proper reports and disposing of the vehicle in accordance
with the provisions of Chapter 73 of the Pennsylvania Motor Vehicle
Code (75 Pa.C.S.A. § 110 et seq., as amended).
[1]
Editor’s Note: See 75 Pa.C.S.A. § 7311.
Unless a different penalty is set forth in the
Pennsylvania Vehicle Code, any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a District Justice 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 and including
towing charges. 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.
Provided that police officers and/or parking enforcement personnel
of East Allen Township are to report to the Secretary all violations
of any provision of this article, indicating, in each case, the section
violated; the license number of the vehicle involved in the violation;
the location where the violation took place; and any other facts that
might be necessary in order to secure a clear understanding of the
circumstances attending the violation. The police officer or other
person making the report shall also attach to or place upon every
such vehicle a notice stating that the vehicle was parked in violation
of this article. The notice shall contain instructions to the owner
or driver of the vehicle that if he/she will report to the office
of the Township Secretary and pay the sum of $5 within 48 hours after
the time of notice, that act will save the violator from prosecution
and from payment of the fine and costs prescribed in the first sentence
of this section. Said fees shall be deposited in the general fund.
