This chapter shall be known as the "Uwchlan
Township Parking Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated except where the content or language
clearly indicates or requires a different meaning:
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
which normally include provisions for sleeping, eating, cooking and
sanitation; each room in a rooming house; also as defined in the Uwchlan
Township Zoning Ordinance.
FIRE DEPARTMENT
Fire companies and emergency service organizations performing
services in the Township.
FIRE MARSHAL
An individual duly appointed as such by the Township Board
of Supervisors.
HANDICAPPED PARKING
Parking spaces as prescribed by the Building and Zoning Officer,
in accordance with ANSI standards and requirements of the Pennsylvania
Department of Labor and Industry, and shall be marked with the proper
sign in front of the space and like markings in the confines of the
parking space itself, as is detailed in the Uniform Manual on Traffic
Control Devices ("UMTCD").
MOTOR VEHICLE
A vehicle which is self-propelled, except one which is propelled
solely by human power or by electric power obtained from overhead
trolley wires, but not operated upon rails.
PARCEL PICKUP/LOADING ZONE
A momentary stopping area that has been designated by the
Building and Zoning Officer and marked for use by vendors or the general
public for the loading or unloading of goods, merchandise or the like.
Vehicles may not be parked in a parcel pickup/loading zone for longer
than five minutes.
PARKING AREA
An area used for the express purpose of parking or standing
of a vehicle and/or motor vehicle, whether on private property or
a public street.
POLICE CHIEF
An individual duly appointed as such by the Township Board
of Supervisors.
STREET
A way intended for general public use to provide means of
travel for vehicles and pedestrians. The word shall include words
such as: "alley," "road," "highway" and "thoroughfare."
TOWNSHIP
Uwchlan Township, Chester County, Pennsylvania.
TOWNSHIP ENGINEER
An individual or firm duly appointed as such by the Township
Board of Supervisors.
[Amended 3-24-1997 by Ord. No. 97-05]
A. An owner or operator of a motor vehicle stopped, standing
or parked in violation of any provision of this chapter shall be subject
to a criminal fine in an amount not to exceed $1,000, payable to Uwchlan
Township within 14 calendar days of issuance of such notice, plus
all costs of prosecution, including reasonable attorneys' fees. Enforcement
of this section shall be by action brought before a Magisterial District
Judge in the same manner provided for the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure. The Township Solicitor
may assume charge of the prosecution without the consent of the District
Attorney. Upon failure to pay the fine, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days.
B. It shall be the duty of the Fire Marshal and police
officers of Uwchlan Township to report all violations of any provision
of this chapter, indicating in each case the section thereof violated,
the location of the violation, the time of such violation and any
other facts necessary to secure a clear understanding of the circumstances
attending such violation. Each officer/official shall also place on
such vehicles such notice of violation to the owner or operator thereof
that such vehicle has been parked, stopped or standing in violation
of the provisions of this chapter.
C. Any vehicle parked, stopped or standing in violation
of this chapter shall be subject to being towed, at the owner's expense,
by the order of the Fire Marshal or a police officer of Uwchlan Township
in addition to any penalties imposed by any other section of this
chapter. Payment of storage and towing charges, set by the private
contractor used by the Township, shall be the sole responsibility
of the registered owner/operator of the vehicle. Accumulation of fees
related to storage, regardless of time, shall be the responsibility
of the registered owner of the vehicle. Neither the Township or private
contractor have any obligation to contact the owner of the vehicle
that has been towed.
D. Any person who violates the requirements of §
174-3 hereof shall be subject to a criminal fine in an amount not to exceed $1,000, plus the costs of prosecution, including reasonable attorneys' fees. In default of payment thereof, the defendant may be sentenced to a term not exceeding 90 days. Each twenty-four-hour period that a violation continues shall constitute a separate offense. Enforcement of this section shall be by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Township Solicitor may assume charge of the prosecution without the consent of the District Attorney.
E. Nothing herein contained shall preclude the Township
from seeking enforcement of this chapter in any action at law or in
equity.
The regulations and standards of this chapter
shall be applicable within the political boundaries of Uwchlan Township.
In the event any provision of the chapter conflicts
with any other ordinance of Uwchlan Township, the provisions of this
chapter shall prevail.