Township of Upper Uwchlan, PA
Chester County
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Table of Contents
Table of Contents
[Adopted 11-1-2004 by Ord. No. 04-06]
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
CARTWAY
Portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
SIDEWALK
A level, concrete area, used as a pedestrian walkway, which parallels but is separate from the cartway of a street.
STREET or HIGHWAY
The entire width between the boundary lines of a way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
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 Township is hereby authorized to remove and impound or to order the removal and impounding of any vehicle parked on any streets or roads or sidewalks of Upper Uwchlan Township in violation of the provisions of this article, provided that no vehicle shall be removed or impounded except in adherence to the provisions of this article.
The Township by resolution shall designate an approved storage facility as a pound for the storage of such impounded vehicles and every such approved storage facility shall post a bond in an amount fixed by Township resolution from time to time, said bond to be filed with the Board of Supervisors indemnifying of the owner of any such impounded vehicle against the loss thereof of injury or damage thereto while in the custody of such storage garage.
The Township shall by resolution from time to time fix and establish the charges that shall be made for the towing and storage of any vehicle removed and impounded under the authority of this article.
The Township shall have the right to remove and impound vehicles that are parked illegally as set forth in § 155-8 hereof.
Within 12 hours from the time of the removal of any vehicle and under the authority of this article, notice of the fact that such vehicle has been impounded shall be sent by the Township to the owner of record of such vehicle; such notice shall designate the place from which such vehicle was removed, the reason(s) for its removal and impounding and the place 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 monies 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 District Justice or 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[1] as in other cases of summary offenses and shall have the rights as to appeal and waiver of hearing as therein provided.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
The Township shall keep a record of all vehicles impounded and shall be able at all reasonable times to furnish the owner or agents of the owners thereof with information as to the place of the storage of such vehicles.
The paying of towing and storing 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 vehicles shall be removed under the authority of the 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.
[Amended 1-18-2011 by Ord. No. 2011-03]
It shall be a violation of this article for any person(s) to deposit snow or ice onto any Township street or road. It shall also be a violation of this article for any person(s) to relocate any snow or ice onto any cleared or uncleared portion of any Township street or road. The piling of ice and snow on any property that restricts the ability of the operators of motor vehicles or any pedestrians with limited sight distance to safely see other persons or vehicles that may come upon them is also prohibited.
[Amended 1-17-2006 by Ord. No. 06-01]
The owners of any property with sidewalks/walkways shall have all ice and snow removed from such sidewalks 12 hours from the last snow/ice fall. Owners shall then maintain these sidewalks to ensure they remain free of the hazards of snow and ice.
It shall be a violation of this article to deposit snow upon any fire hydrant or connection for any fire suppression system and upon official United State mail receptacles.
[Amended 1-17-2006 by Ord. No. 06-01]
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. 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.