[HISTORY: Adopted by the Board of Supervisors
of the Township of West Deer as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-4-1971 by Ord. No. 89]
This article is an exercise of the police powers
of the Township and of the general corporate powers thereof, with
particular reference to the supervision, regulation of use and maintenance
of public thoroughfares within said Township and all of the provisions
of this article shall be liberally construed for the accomplishment
of these purposes.
For the purposes of this article and the enforcement
thereof, the following words, terms and phrases shall have the meaning
herein assigned to them, unless the context clearly indicates otherwise:
Bringing a vehicle to a complete stop and permitting said
vehicle, whether attended or unattended, to remain immobile for any
period of time in excess of one hour.
Any state, county or Township of road, street, lane, alley
or way within the geographical limits the Township of West Deer Allegheny
County, Pennsylvania, including, but not being limited to, the paved
portion of the highway and the rights-of-way appurtenant thereto,
being the entire legal right-of-way owned by the respective governmental
units.
Includes automobiles, motorcycles, trucks, tractors, trailers
or any and all other mobile piece of machinery or equipment.
It shall be unlawful for any person to park
on any public thoroughfare within said Township a vehicle which is
unlicensed or inoperative for any reason whatsoever.
It shall be unlawful for any person to park
a vehicle on any public thoroughfare within said Township while said
vehicle is being repaired or serviced mechanically.
[Amended 1-22-1997 by Ord. No. 265; 4-20-2016 by Ord. No. 408]
Any person, partnership or corporation who or
which has violated or permitted the violation of any provision of
this article, upon being found liable therefor in a civil enforcement
proceeding commenced by the Township, shall pay a judgment of not
more than $600, plus all court costs. No judgment shall commence or
be imposed, levied or payable until the date of the determination
of a violation by a Magisterial District Judge. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the
judgment pursuant to the applicable rules of civil procedure, at which
time, in addition to any penalties, the violator shall be liable for
any attorneys’ fees and costs incurred by the Township. Each
day that a violation continues or each section of this article which
shall be found to have been violated shall constitute a separate violation.
[Amended 8-8-1974 by Ord. No. 99]
A.
If the owner or person violating the above provisions of this article shall, after conviction, refuse to remove said vehicle from the public thoroughfare or if the vehicle has been parked for 48 hours in violation of this article, the police are empowered to have said vehicle removed from the public thoroughfare, with all costs being placed against the person violating said article, together with a penalty of 10% of the costs incurred, which shall be in addition to the penalty under § 198-5 of this article.
B.
If a motor vehicle has remained on the public thoroughfare
in violation of this article for more than 48 hours and if the identity
of the owner cannot be determined with reasonable certainty, the police
are empowered to have said vehicle removed from the public thoroughfare
by making written request to a salvor as provided in state law.
