[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]
[Added 12-16-2014 by Ord.
No. 2014-9]
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.
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.
This chapter shall take effect five days after
adoption.