[Amended 2-4-2014 by Ord. No. 2014-2; 12-16-2014 by Ord. No. 2014-9]
A. 
In enforcing the parking regulations as set forth in Articles II and IV of this chapter, Borough police shall deliver to each parking violator, by leaving in or on the illegally parked vehicle, a notice of the violation upon a form prescribed by the Borough, giving the place, date and hour of the violation and stating, in addition, that the issuance of a summons to appear before a Magisterial District Justice and the consequent imposition of attorney's fees and costs may be avoided by delivering or mailing to the Police Department of Malvern Borough within five days a prescribed portion of the notice bearing the name and address of the owner of the vehicles, together with the fine indicated.
B. 
If the prescribed fine is not received within five days after service of notice of violation, the violator shall be prosecuted before a Magisterial District Justice as hereinafter provided.
[Amended 12-5-2006 by Ord. No. 2006-14]
A. 
Unless another penalty is expressly provided by the Vehicle Code (75 Pa.C.S.A. § 101 et seq.), or except as herein specified, every person convicted of a violation of a provision of this chapter or any supplement thereto shall be liable for a penalty of not less than $25 and not more than $35 and the costs of prosecution.
B. 
Any person found guilty of or liable for violating any ordinance of the Borough shall be assessed court costs and reasonable attorney's fees incurred by the Borough in the enforcement proceedings.
[Added 9-17-2013 by Ord. No. 2013-6[1]]
[1]
Editor's Note: See also § 1-9B.
[Added 12-16-2014 by Ord. No. 2014-9[1]]
A. 
It shall be unlawful for any person to place any object, including, but not limited to, a traffic control cone, trash can, chair, sawhorse, or box, in any parking space for the purpose of reserving the space for his or her personal use. Any such objects placed in a parking space may be confiscated by the police and disposed of without notice to the owner thereof. This provision does not apply to dumpsters or storage containers for which a valid permit has been obtained.
B. 
Notwithstanding the aforesaid, a resident who has cleared a parking space of snow after a snow emergency has been declared by the Mayor in accordance with Article IV may use a cone or other object to reserve the cleared space for a period not to exceed 48 hours after the end of the snow emergency.
C. 
In the event that a resident has a legitimate need to temporarily reserve a parking space, such as expecting a moving van or large delivery vehicle, performing sidewalk or curb repair, or holding a special event such as a wedding, he or she shall notify the Police Department in advance to request a temporary "no parking" sign and shall remove such sign from the parking space immediately when the need for the reservation is passed.
D. 
Any person violating any of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine or penalty of not less than $25 for the first violation, not less than $50 for the second violation, and not less than $100 for the third and each subsequent violation. Each day that a violation continues shall constitute a separate violation for which a separate fine or penalty shall be imposed.
[1]
Editor's Note: This ordinance also repealed former § 200-36, Repeal of previous ordinances; effect.
The provisions of this chapter 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 chapter. It is hereby declared as a legislative intent that this chapter would have been adopted had such unconstitutional, illegal or otherwise invalid provision not been included herein.
A. 
Authority and purpose. The provisions of this section are enacted pursuant to the provisions of § 6109(a)(22) of the Vehicle Code authorizing the removal and impounding of vehicles parked on the streets or highways or public property of the Borough in violation of any local ordinances or the provisions of the Vehicle Code, or 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.
B. 
Removal and impoundment. The Borough, acting through the Borough Police Department or its authorized employees, shall have the authority to remove and impound, or order the removal and impounding, of any vehicle parked, stopped or standing as described in § 200-39A.
C. 
Notification and removal of impounding. Within 12 hours from the time of removal of any vehicle under authority granted by this chapter, notice of the fact that such vehicle has been impounded shall be sent by the Chief of Police of the Borough to the owner or record of such vehicle. Such notice shall designate the place from which such vehicle was removed, the reason for its removal and impounding, and the pound in which it shall have been impounded.
D. 
Designation of tow-away zones. Tow-away zones shall be designated by appropriate permanent or temporary signs setting forth that the parking or stopping area has been designated a tow-away zone. Vehicles which have been abandoned or parked or stopped in such a manner as to interfere with traffic or pose a hazard to others are subject to removal and impoundment whether or not the location is designated as a tow-away zone.
E. 
Approved towing and storage facilities. The removal and impounding of vehicles pursuant to this section shall be by approved storage facilities only. Such facilities shall be designated from time to time by resolution of the Borough Council. Every such facility shall submit evidence to the Borough that it is bonded or has liability insurance in an amount satisfactory to the Council as sufficient to indemnify owners of impounded vehicles against loss or damage to those vehicles while in the custody of the facility for purposes of towing or storage. Every approved storage facility shall submit to the Council a schedule of charges for towing and storage of vehicles pursuant to this section. Upon approval by the Council, such charges shall be adhered to by the storage facility, and no additional charges shall be demanded or collected from any person whose vehicle has been removed or impounded under this section until such new charges are approved by the Council. Any person or entity violating this provision is subject to removal as an approved facility.
F. 
Payment of towing and storage charges. The payment of towing and/or storage charges shall not relieve the person responsible for the subject vehicle from liability for the payment of any fine or penalty for the violation of the provisions of this chapter.
G. 
Towing and storage costs. Any person or entity reclaiming any vehicle which has been towed and/or stored shall pay to the approved facility the towing and storage charges as approved by Borough Council.
H. 
Records of vehicles removed or impounded. The Borough shall cause a record to be kept of all vehicles removed or impounded under this section. Such records shall be reasonably available to the persons claiming responsibility for such vehicle and shall specify the location of the impounded vehicle.
I. 
Penalty and costs. No vehicle shall be removed under the provisions of this section or of the Vehicle Code if at the time of the intended removal the person responsible for the vehicle is present and is willing and able to remove the vehicle immediately. Removal of the vehicle by a responsible person shall not relieve that person from the payment of any fine or costs for violation of any other parking or traffic regulation of the Borough. Any person who shall violate the provisions of this section shall, upon the conviction thereof in a summary proceeding, be sentenced to pay a fine of $50 in addition to the cost and fees designated hereinabove and any costs pursuant to the Vehicle Code.