The Township of Swatara finds that:
A. Cartway areas of the streets, alleys and ways of the
Township of Swatara are subjected to constant obstruction by objects
other than motor vehicles including, but not limited, to snowplows,
sailboats, trailers, equipment, cement mixers, and a myriad of other
like objects.
B. That the prohibition of placement of objects other
than motor vehicles on the cartways of the Township Streets, alleys
and ways will permit the proper utilization of those streets, alleys
and ways and advance the public safety of the citizens of the Township
of Swatara.
As used in this article, the following terms
shall have the meanings indicated:
CARTWAY
The paved, macadamized or otherwise improved portion of a
street, alley or way.
MOTOR VEHICLE
A vehicle which is self-propelled on land, except one which
is propelled solely by human power or wind.
It shall be unlawful for any person to park,
place, or in the case of a person who is the owner, lessee or otherwise
has an interest in the object, allow to remain, any object other than
a motor vehicle in the cartway of any street, alley or way of the
Township.
The Township shall have the authority to remove
and impound, or to order the removal and impounding, of any nonmotorized
object or vehicle found in the cartway of the streets or alleys of
the Township.
Removal and impounding of objects under this
article shall be done only by either Township personnel or "approved
agents" that shall be designated from time to time by the Township
Board of Commissioners. Every such approved agent shall submit evidence
to the Township Board of Commissioners that it is bonded or has acquired
liability insurance in an amount satisfactory to the Board of Commissioners
as sufficient to indemnify owners of impounded objects against loss
or damage to those objects in the custody of the approved agent. The
approved agent shall have an approved storage area and shall submit
to the Township Board of Commissioners a schedule of charges for removal
and storage of objects under this article, and, when the schedule
is approved by the Township Board of Commissioners, those charges
shall be adhered to by the approved storage agent; no different schedule
of charges shall be demanded of or collected from any person whose
object is removed or impounded under this article by any approved
storage agent. The Township Board of Commissioners shall delete from
its list of approved storage agents and areas any such agent that
makes any unapproved charge in connection with any objects removed
or impounded under this article.
The payment of removal and storage charges shall
not relieve the owner, lessee or other person having any interest
in such an object from liability for any fine or penalty for the violation
of the provisions of this article for which the object was removed
or impounded.
In order to reclaim an object removed pursuant to the provisions hereof, the owner, lessee or other person having an interest therein shall pay removal and storage costs according to the schedule set forth in §
249-31 above.
The Township shall cause a record to be kept
of all objects impounded under this article and shall be able at all
reasonable times to furnish the owners, lessees or other persons having
an interest in said object with information as to the place of storage
of the object.
No object shall be removed under the authority
of this article if, at the time of the intended removal, the owner
or the person in charge of such object is present and expresses a
willingness and intention to remove the object immediately.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600; and/or default of payment shall be subject
to imprisonment for a term not to exceed 30 days. Every day that a
violation of this article continues shall constitute a separate offense.
The aforesaid penalty or penalties shall be in addition to the obligation
of the person to pay any removal and storage charges as set forth
in other provisions of this article.