[Adopted 12-9-1996 by Ord. No. 387]
As used in this article, the following terms
shall have the meanings indicated:
- CHAINS
- Full chains, strap chains or other types of chains mounted on both drive wheels of a motorized vehicle of which would be of that type and standard approved by the Commonwealth of Pennsylvania.
- SNOW
- Any precipitation depositing any accumulation on the streets, including snow, sleet, hail, ice and freezing rain.
- SNOWPLOWING AND/OR REMOVAL CONDITION
- A state of street conditions that are hazardous and dangerous to vehicular and pedestrian traffic, or so declared by the Safety Committee of the Borough of Mars or such person designated by the Safety Committee.
- SNOW TIRES
- Tires having treads designed for use in snow, which tires must be in such condition as to serve the purpose for which they are designed, that is, they shall be in a condition that would pass Pennsylvania vehicle inspection standards for tread depth.
- VEHICLES
- All self-propelled motorized vehicles, whether or not they are legally registered and licensed to travel upon the streets, roads and highways of the Commonwealth of Pennsylvania and Mars Borough.
A snowplowing and/or removal condition is hereby
declared to exist in the Borough of Mars whenever snow falls during
any period of 24 hours or less to an accumulated depth of four inches
or more or at any other such time when, in the opinion of the Safety
Committee of the Borough of Mars or such person designated by the
Safety Committee, the street conditions are hazardous and dangerous
to vehicular and pedestrian traffic because of snow or ice accumulation.
The Safety Committee shall have authority to declare a snowplowing
and/or removal condition, notice of which shall immediately be issued
to local radio and news services. In either instance, a snowplowing
and/or removal condition is presumed to continue for a period of 24
hours following the accumulation of snow, or until such period of
time as designated by the Safety Committee.
During such time as a snowplowing and/or removal
condition is in effect, it shall be a violation of this article for
any person, firm, organization or entity to park, abandon or leave
unattended any vehicle on the various streets, roads, and highways
and their adjacent right-of-way within the boundaries of the Borough
of Mars.
It shall be unlawful for any individual, partnership,
or corporation, as owner, agent, lessor, lessee or employee of land
or buildings owned in the Borough of Mars, to shovel, rake or otherwise
deposit snow, ice, leaves, grass clippings or other plant matter from
any premises into the streets or highways or the drainage structures
appurtenant thereto within the Borough of Mars.
In the Grand Avenue and adjacent business areas
where there is no yard or area to deposit snow, these streets shall
be cleared first in the Borough; then the business owners may have
the opportunity to deposit their snow in the street prior to 8:00
a.m. without being in violation of this article. The snow will be
subsequently plowed off Grand Avenue for a final pass between 8:00
a.m. and 9:00 a.m. This section specifically applies to snow only,
no other items listed in § 224-16 above shall be made part
of this exception.
During such time as a snowplowing and/or removal
condition is in effect, any person, firm, organization or entity operating
or causing to be operated a vehicle which is not equipped with snow
tires, all-season radials, or chains upon any street, road or highway
within the boundaries of Mars Borough, resulting in such vehicle becoming
stalled or incapable of moving under its own power, or who leaves
such vehicle abandoned or unattended on any street, road or highway
within the boundaries of Mars Borough as a result of its inability
to move under its own power, shall be in violation of this article.
Any person, firm, organization or entity violating
any of the provisions of this article, upon conviction thereof by
a Magisterial District Judge, shall be punishable for each offense
by a maximum fine of $300, and costs, or by imprisonment for not more
than 90 days and shall be responsible for all costs of towing charges
incurred as a result of the violation of this article.
A.
The police, upon consultation with a Safety Committee
member, shall have the discretion of having the vehicle towed to a
designated garage.
Every such approved storage garage or pound
shall be bonded in the amount of $25,000 per vehicle impounded for
the loss, injury, or damage thereto while in possession of the pound,
and the poundkeeper is determined to be responsible for such loss,
injury, or damage.
Within 12 hours from the time of removal of
any vehicle under the authority of this article, notice of the fact
that such vehicle has been impounded shall be sent by the Chief of
Police or officer in charge of the Borough to the registered owner
of 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 location of the vehicle. Such notice shall be given personally
or by United States registered or certified mail. Charges for towing
and impounding begin to accrue at the time towing begins.
A.
The payment of any towing and impounding charges authorized
by this article shall, unless payment shall have been made under protest,
be final and conclusive and shall constitute a waiver of any right
to recover the money so paid.
B.
In the event that any towing and impounding charges
so imposed shall be paid under protest, the offender shall be entitled
to a hearing before a Magisterial District Judge or court of record
having jurisdiction, in which case such person shall be proceeded
against and shall receive such notice as is provided in the Vehicle
Code[1] and other cases of summary offenses and shall have the
same rights as to appeal and waiver of hearing as in such other cases.
[1]:
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
The Chief of Police or officer in charge shall
keep a record of all vehicles impounded and shall be able, at all
reasonable times, to furnish the owners or the agents of the owners
thereof with information as to the place of storage of such vehicles.
This article is not intended to repeal any other
ordinance or parts of ordinances now existing which pertain to the
maintenance, use or regulation of the various streets, roads or highways
of the Borough, except to the extent that this article is deemed to
be in specific conflict with the provisions of any such other ordinance.
A.
It is not the intention of this article to be punitive
in nature, but it is enacted to assure the continued safe passage
of pedestrians, vehicular traffic, food and fuel supplies, medical
care, fire, health and police protection and other vital services
and facilities of the Borough.
B.
It is therefore the desire of Council that residents
of Mars Borough who have parked their vehicles on Borough streets
will cooperate and remove such vehicles when a snowplowing and/or
removal condition has been announced and/or when they see a snowplow
operating in the area.
