Township of Muhlenberg, PA Article IV Interpretation and Repeal; Penalties [1]

[1] Editor's Note: Former Art. IV, Snow and Ice Emergencies, which consisted of original §§ 145-30 through 145-33, was repealed 9-19-2005 by Ord. No. 408.

§ 326-28 Severability.

The provisions of this part shall be severable, and if any of its provisions shall be held to be unconstitutional, illegal or otherwise invalid, such decision shall not affect the validity of any of the remaining provisions of this part. It is hereby declared as a legislative intent that this part would have been adopted had such unconstitutional, illegal or otherwise invalid provision not been included herein.

§ 326-29 Repeal of previous ordinances; effect.

A. All previous ordinances of the Township of Muhlenberg pertaining to the regulation of traffic and parking are hereby repealed.

B. The repeal of ordinances provided for in Subsection A above shall not affect or prevent the prosecution or punishment of any person for any act done or liability incurred in violation of any ordinance or regulation in force immediately prior to the taking effect of this part.

C. The provisions of this part, insofar as they are the same as those of ordinances and regulations in force immediately prior to the enactment of this part, are intended as a continuation of such ordinances and regulations and not as new enactments.

§ 326-30 Violations and penalties.

[Amended 8-2-1982 by Ord. No. 192]

A. Traffic violations. Any person violating the provisions of Article II of this part shall be guilty of a summary offense and, upon conviction thereof, shall be punishable by a fine of $25 and costs of prosecution.

B. Parking violations. Except as to §§ 326-19, 326-23B and 326-25, any person violating the provisions of Article III of this part relating to parking violations shall be guilty of a summary offense and, upon conviction thereof, shall be punishable by a fine of $25 and costs of prosecution, provided that, upon conviction before a Magisterial District Judge after hearing, the fine shall be increased to $35, together with costs of prosecution.

[Amended 6-15-1998 by Ord. No. 325; 9-19-2005 by Ord. No. 408; 3-17-2008 by Ord. No. 451; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. Removal and impoundment of illegally parked vehicles.

[Added 6-15-1998 by Ord. No. 325]

(1) This subsection is enacted under authority of Section 6109(a-22) of the Vehicle Code[1] and gives authority to the Township of Muhlenberg to remove and impound those vehicles which are parked in violation of any article of this part relating to parking violations. 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).

(2) The Township of Muhlenberg shall have authority to remove and impound, or to order the removal and impounding of, any vehicle parked overtime or otherwise illegally or in violation of any provisions of any article of this part relating to parking violations, provided that no such vehicle shall be removed or impounded except in strict adherence to the provisions of this subsection or the provisions of the Pennsylvania Vehicle Code.

(3) Removal and impounding of vehicles under this subsection shall be done only by approved storage garages that shall be designated from time to time by the Township of Muhlenberg. Every such garage shall submit evidence to the Township of Muhlenberg that it is bonded or has acquired liability insurance in an amount satisfactory to the Township of Muhlenberg 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.

(4) The payment of towing and storage charges shall not relieve the owner or driver of any vehicle from liability for any fine or penalty for the violation of any provision of any article of this part relating to parking violations for which the vehicle was removed or impounded.

(5) No vehicle shall be removed under the authority of this subsection 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.

(6) Any person who shall violate any provision of this subsection 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.

(7) If after a period of 15 days the vehicle in storage remains unclaimed, a report shall be filed with PennDOT in accordance with Section 7311 of the Vehicle Code[2] 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 Vehicle Code (75 Pa.C.S.A. § 101 et seq., as amended).

[2] Editor's Note: See 75 Pa.C.S.A. § 7311.

(8) The Township of Muhlenberg shall have authority to enforce all provisions of the Pennsylvania Vehicle Code (75 Pa.C.S.A. § 101 et seq., as amended).