[HISTORY: Adopted by the Board of Supervisors of the Township of Schuylkill as indicated in article histories. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 316.
This article is enacted under authority of § 6109(a-22) of the Vehicle Code [75 Pa.C.S.A. § 6102(a)(22)], and gives authority to the Township of Schuylkill to remove and impound those vehicles which are parked in a tow-away zone and in violation of parking regulations of this article. 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 Motor Vehicle Code.
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 Chief of Police is hereby authorized to remove and impound, or to order the removal and impounding, of any vehicle parked on any of the streets or roads or sidewalks of Schuylkill Township in violation of the provisions of this article, provided that no vehicle shall be removed or impounded except in strict adherence to the provisions of this article.
Removal and impounding of vehicles under this article shall be done only by approved storage garages that shall be designated by resolution from time to time by the Board of Supervisors. Every such garage shall submit evidence to the Board of Supervisors that it is bonded or has acquired liability insurance in an amount satisfactory to the Board of Supervisors as sufficient to indemnify owners of impounded vehicles against loss or damage to those vehicles while in the custody of the garagekeeper for the purpose of towing or storage. The vehicle owner may utilize a towing agency at their own expense and liability, provided there is no immediate danger or the vehicle is not impounded by the Township. The vehicle should be removed within 24 hours unless determined as an abandoned vehicle as per 75 Pa.C.S.A. § 3352.
The approved storage garage shall annually submit for approval to the Board of Supervisors its schedule of charges for towing and storage of vehicles under this article, and, when the schedule is approved by the Board of Supervisors, those charges shall be adhered to by the approved storage garage. No different schedule of charges shall be adopted without approval of the Board of Supervisors, and no different 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 Board of 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.
Within 12 hours from the time of the removal of any vehicle under the authority of this article, notice of the fact that such vehicle has been impounded shall be sent by the Chief of Police to the owner of record of such vehicle; such notice shall designate the place from which such vehicle was removed, the reason for its removal and impounding, and the place in which 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 money 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 a 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 as in other cases of summary offenses, and shall have the rights as to appeal and waiver of hearing as therein provided.
The Chief of Police 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 the storage of such vehicles.
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 such vehicle was removed and impounded.
No vehicle shall be removed under the authority of this 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.
It shall be the duty of the Schuylkill Township Police Department to enforce the parking regulations set forth. The Township Police Department shall issue parking tickets to owners or operators of such vehicles that are in violation indicating the following: designated time and place violation occurred, the nature of the violation, and the section of the article violated, the license plate number of the vehicle, or if none, the vehicle identification number, the color of the vehicle and any other facts which may be necessary to determine the circumstances attending such violation. This notice shall be given to the owner or operator of the vehicle or attached to the vehicle. The notice shall contain instructions on how to proceed with the violation. The failure of the owner and/or operator to make such payment to the Police Department for the amount designated by the violation within the ten-day period shall render such owner or operator subject to the penalties provided in § 340-13 of this article.
Unless another penalty is expressly provided by the Vehicle Code (75 Pa.C.S.A. § 101 et seq.), or except as herein specified, every person convicted of a violation of a provision of this article, or any supplement thereto, shall be liable to a penalty of not more than $250 and costs of prosecution. Failure to respond to a Township parking violation ticket within the ten-day period shall constitute that a Pennsylvania traffic citation be issued to the owner or operator of the vehicle with the local Magisterial District Judge. Violations shall be the responsibility of the legal registered owner unless an operator is present.
Schedule of violations and fines.
Parked on private property: $20.
Posted no-parking zone: $20.
Posted temporary no-parking zone: $20.
Parked within 15 feet of a fire hydrant: $20.
Parked within 30 feet of a stop sign: $20.
Parked in no-parking fire zone: $20.
Parked in loading zone: $20.
Parked on sidewalk: $20.
Parked in no stopping or standing zone: $20.
Parked on roadway during snow removal and de-icing operations: $20.
Parked in posted handicapped zone: $50 to $100.
Parked more than 12 inches from curb: $20.
Parked within 25 feet of an intersection: $20.
Words and phrases, when used in this article, shall have the meanings ascribed to them in The Vehicle Code of Pennsylvania, as now in force, or as hereafter amended, enacted or reenacted, except where the context of this article clearly indicates a different meaning.
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
The police officers of Schuylkill Township are hereby given authority to direct traffic on the highways of Schuylkill Township and at intersections thereof, and to enforce the provisions of this article.
The following speed limits are hereby established:
The following intersections are hereby established as stop intersections, and official stop signs shall be erected, or if heretofore erected, are hereby confirmed, in such a position as to face traffic approaching the second-named highway upon the first-named highway, in the direction or directions hereby indicated, and all vehicles and tractors approaching any such intersection upon the first-named highway shall come to a full stop within a reasonable distance before entering any such intersection:
It shall be unlawful for any person to operate any motor vehicle or tractor, trailer, or tractor-trailer combination, having a gross weight limit in excess of that herein respectively prescribed, upon any of the following highways or portions thereof.
[Amended 7-11-2001 by Ord. No. 01-02; 10-4-2017 by Ord. No. 2017-10]
It shall be unlawful for any person to operate any commercial vehicle/motor carrier vehicle, to include any truck, truck tractor, trailer or semitrailer or combination thereof, upon any of the following portions of roadways:
Exceptions to § 340-19A shall be for emergency vehicles, school buses and commercial trucks that are actively making deliveries or pickups or if directed by a duly sworn person authorized to direct the movement of traffic during an emergency. Any truck or combination of the above over the length of 40 feet shall obtain permission and/or escort from the Police Department.
No-passing zones are hereby established along those streets or parts of streets described in this section, and it shall be unlawful for the driver of any vehicle to overtake or pass another vehicle or to drive on the left side of the roadway in any no-passing zone described in said schedule:
Parking shall be prohibited at all times in the following locations:
Editor's Note: Original Art. III, § 2, Penalty for violation, which immediately followed this section, was repealed 1-7-2013 by Ord. No. 2013-01.
[Added 1-7-2013 by Ord. No. 2013-01]
Any person violating any of the provisions of this article shall, upon summary conviction before a Magisterial District Judge, be sentenced to pay a fine as prescribed by the vehicle laws of Pennsylvania, 75 Pa.C.S.A. § 101 et seq.