[Ord. No. 10/13/1993B, § 1]
This Part shall be known and may be cited as the "Wesleyville Borough Snow Removal and Parking on Buffalo Road Ordinance."
[Ord. No. 10/13/1993B, § 2]
This Part is enacted pursuant to Section 4202 (Health and Fire)[1] and Section 48301 (Enforcement)[2] of the Borough Code, 53 P.S. § 45101 et seq.[3]
[1]
Editor's Note: Section 4202 of the Borough Code was repealed 3-19-2014 by P.L. 52, No. 22.
[2]
Editor's Note: See 8 Pa.C.S.A. § 3301.1.
[3]
Editor's Note: See now 8 Pa.C.S.A. § 101 et seq.
[Ord. No. 10/13/1993B, § 3]
It is hereby declared to be the policy of the Borough of Wesleyville as a matter of public health and safety to regulate snow removal in the Borough of Wesleyville for the purposes of the justification for prohibitive parking to allow for removal of snow or general cleaning of streets.
[Ord. No. 10/13/1993B, § 4]
The following words, terms and phrases, when used in this Part, unless the context clearly indicates otherwise, shall have the following meanings described to them:
INDIVIDUAL
Any person, persons, partnership, firm, company, corporation or other occasion.
NOTICE
For purposes of authorizing and removing of a vehicle by an authorized agent of the Borough, shall mean the placing by a Borough employee of a written notice upon the vehicle.
NUISANCE
Includes, but is not limited to, the parking or leaving standing any vehicle upon any street or any highway of the Borough of Wesleyville, Erie [County], Pennsylvania. The justification for prohibitive parking is to allow for removal of snow or general cleaning of streets.
[Ord. No. 10/13/1993B, § 5]
This Part shall be effective from October 15 to the following April 15, from 2:00 a.m. until 6:00 a.m., of each calendar year.
[Ord. No. 10/13/1993B, § 6]
1. 
It shall be unlawful for any individual to park or leave standing any vehicle upon Buffalo Road in the Borough of Wesleyville, Erie [County], Pennsylvania. The justification for prohibitive parking is to allow for removal of snow or general cleaning of streets.
2. 
Any vehicle upon which proper notice has been placed and which has not been removed by the owner thereof within 12 hours of said posting of notice may be removed by authorization of the Borough, and all charges incurred in such removal including, but not limited to, towing of said vehicles and storage thereof shall be paid by the owner of said vehicle. Said vehicle shall be deemed a safety hazard under Act 81, Pennsylvania Motor Vehicle Code, Section 3352(a) and (b).[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 3352(a) and (b).
[Ord. No. 10/13/1993B, § 7]
Any individual violating the provisions of this Part or aiding, abetting or assisting therein shall, upon fit condition thereof, before any Magisterial District Judge in Erie County, Pennsylvania, be subject to a fine of not less than $50 nor more than $100, together with costs of prosecution, which fine shall be paid to the Borough Treasurer for use of the Borough and, in default of payment of said fine and cost, shall be sentenced to undergo imprisonment in the Erie County prison for not less than 30 days and not more than 90 days. Each day the vehicle shall remain parked or left standing shall constitute a separate violation.