[Adopted 7-12-1971 as Ch. 83, Art. V, of the 1971 Code]
A.
No person shall leave parked upon any public street
or on public property any wrecked vehicle, or vehicle not capable
of being moved under its own power or with a deflated tire or tires
or without a tire or tires or without a current license tag or current
state inspection sticker.
[Amended 4-9-1973 by Ord. No. 73-12]
B.
Obstructing emergency or snow removal vehicles.
[Amended 11-12-1979 by Ord. No. 79-13]
(1)
No person shall leave parked upon any public street
or any public property any vehicle which constitutes a safety hazard
by interfering with or obstructing the free passage of any emergency
vehicle such as a fire engine, ambulance or police car.
(2)
No person shall leave parked upon any public street
or public property any vehicle which interferes with or obstructs
the orderly, effective and adequate cleaning of streets or such public
property.
(3)
Up to 24 hours after the end of such snowfall and
during the period after a snowfall when snow removal or plowing is
required, no person shall leave parked upon any street or public property
any vehicle which interferes with or obstructs the orderly, effective
and adequate removal or plowing of snow; provided that, any other
ordinance to the contrary notwithstanding, during such period a Township
resident may park on the front lawn of his residence any vehicle or
vehicles owned by him and normally parked by him or his family on
the street in front of his residence.
C.
No person shall repair, fix or service or allow to
be repaired, fixed or serviced a disabled motor vehicle upon any public
highway within the Township of Marple, except in an emergency situation.
A disabled motor vehicle shall be one which
is rendered inoperative or immobile by reason of mechanical or other
difficulty or by reason of damage to said motor vehicle.
An emergency situation is one which is caused
by accident, casualty or other unexpected circumstances which renders
a motor vehicle inoperative or immobile, provided that no such emergency
situation shall be deemed to exist for a period of more than 12 consecutive
hours after said accident, casualty or other unexpected circumstances.
In any proceeding for a violation of the provisions
of this article, the registration plate, if any, displayed on such
motor vehicle shall be prima facie evidence that the owner of said
motor vehicle was either operating said motor vehicle or was in operation
and control of said motor vehicle at the time of said violation.
The Board of Commissioners shall from time to
time, by resolution duly adopted, designate approved storage garages
as pounds for the storage of impounded vehicles. No garage will be
approved by the Board unless the owner, lessee or operator thereof
shall furnish the Township with a bond in the sum of $5,000, in form
and with corporate surety to be approved by the Township Solicitor,
conditioned upon the faithful performance and discharge by the poundkeeper
of his duties as bailee of impounded vehicles and to indemnify the
owners of vehicles against loss, injury or damage while in his custody.
A.
Whenever a vehicle is found to be in violation of
the provisions of any Act of Assembly or the provisions of this or
any other Township ordinance, the Police Department may remove or
cause to be removed such vehicle to an approved storage garage. No
vehicle shall be removed, however, if, at the time of such intended
removal, the owner or person, for the time being, in charge of such
vehicle is present and expresses a willingness and intention to immediately
remove it.
B.
Within 12 hours from the time of removal of such vehicle,
notice of the fact that such vehicle has been impounded shall be sent
by the Police Department to the owner of record of such vehicle designating
the place from which the vehicle was removed, the reason for its removal
and impounding and the pound in which it has been impounded.
A.
No person shall be permitted to remove from any approved
storage garage any vehicle impounded under the provisions of this
article unless such person:
(1)
Furnished satisfactory evidence of his identity and
ownership of the vehicle, or agency on behalf of the owner;
(2)
Pays the costs for the removal and towing of the vehicle,
which costs shall not exceed $25 for each vehicle;
(3)
Pays the charges for the storage and impounding of
such motor vehicle, which charges shall not exceed $2 for every day
or fraction thereof.
B.
Unless the towing and storage charges are paid "under
protest," the payment of such charges shall be final and conclusive,
and shall constitute a waiver of any right to recover the money so
paid. If payment is made "under protest," the offender shall be entitled
to a hearing before a Justice of the Peace or court of record having
jurisdiction, in which case the defendant shall be proceeded against
and receive such notice as is provided by the Vehicle Code in other
cases of summary offenses, and shall have the same rights as to appeal
and waiver of hearing. The period of time in which the information
under the said Motor Vehicle Code need be filed shall be computed
from the date of the removal or towing or the date of payment under
protest, whichever is later.
C.
When any impounded vehicle is returned to its owner
or to any person on behalf of the owner, such person shall sign a
receipt for the vehicle.
The person in charge of any approved storage
garage, in which has been left a vehicle impounded under the provisions
of this article for a period of 15 consecutive days, without being
removed by its owner or any other person duly authorized to remove
it, shall report to the Department of Revenue of the Commonwealth
within 24 hours of the elapse of such fifteen-day period, giving the
name, engine number, manufacturer's serial number, registration plate
number and the name and address of the person abandoning the vehicle,
if known.
The Police Department shall keep a record of
the following:
A.
The names and addresses of all owners of vehicles
impounded;
B.
The names and addresses of all persons claiming such
vehicles;
C.
The license numbers and such information as may identify
the vehicle;
D.
The nature and circumstances of the impounding of
the vehicle;
E.
The violation of the law or ordinance on account of
which the vehicle was impounded; and
F.
The final disposition of the case.
Nothing in this article is intended to prohibit
the Police Department from instituting legal proceedings charging
the owner or driver of any vehicle with the violation of any other
law or ordinance.
[Amended 7-10-1978 by Ord. No. 78-7]
Any person violating any of the provisions of
this article shall be liable to a penalty of not more than $100 and
not less than $15 for each and every offense, to be collectible before
any Justice of the Peace of the Township as like penalties are now
by law collectible. The costs of any proceeding hereunder shall be
in addition to the penalty imposed.
