[HISTORY: Adopted by the Board of Supervisors
of the Township of Uwchlan 5-14-2001 by Ord. No. 2001-07. Amendments noted
where applicable.]
The following definitions shall apply in the
interpretation and enforcement of this chapter, unless the context
clearly indicates that a different meaning is intended:
A vehicle which is self-propelled and shall include, without
limitation, automobile, truck, trailer, motorcycle and tractor.
Every natural person, firm, partnership, association, corporation,
or organization of any kind.
The entire width between boundary lines of every publicly
maintained right-of-way when any part thereof is open to the use of
the public for purposes of vehicular travel.
Uwchlan Township, Chester County.
Display for sale of motor vehicles on public
property prohibited. No person shall park or display for any length
of time a motor vehicle for the purpose of offering said vehicle for
sale to the public on any street or public property in the Township.
Display for sale of motor vehicles on private property prohibited. Except as provided in § 244-4 of this chapter, no person shall park or display for any length of time a motor vehicle for the purpose of offering said vehicle for sale to the public on private property in the Township.
A.
Motor vehicle sales shall be permitted on private
property in the Township zoned for motor vehicle sales and where the
owner of the property and/or the operator of the business has obtained
all required approvals, permits and licenses to operate a motor vehicle
sales business.
B.
A single motor vehicle may be displayed for sale on
private property owned by the registered owner of the motor vehicle
being displayed for sale for a period not exceeding 30 days per calendar
year.
A.
Any sworn police officer of the Township and any other Township employee designated by the Board of Supervisors who has reasonable grounds to believe that a motor vehicle has been displayed in violation of § 244-2 or 244-3 above shall affix to the windshield or other prominent part of the vehicle a "violation and tow warning" emblem. The emblem shall be five inches by seven inches or larger, bright orange in color, with the printed words "violation and tow warning" in bold letters at least two inches high, and also state that the vehicle is unlawfully displayed in violation of this chapter and that, unless the vehicle is removed before ______ a.m./p.m. of the _____ day of _______________, 20____, (at least 48 hours from the time the sticker is affixed), a summary criminal citation will be issued against the owner of the vehicle in the amount of $100 per day and the vehicle will be impounded at ______a.m./p.m. on the _____day of _____, 20_____ (at least seven days from the time the sticker is affixed) and taken to (insert name of approved storage garage) and after 30 days it will be sold to recover the cost of the removal, storage and sale. The emblem shall be self-adhesive, and the blanks above-stated shall be completely filled in with permanent dark ink indicating the required details. The time set for the issuance of a citation shall be at least 48 hours after the emblem is affixed. The time set for removal shall be at least seven days after the emblem is affixed. After the relevant time period has expired, any designated Township employee or police officer shall issue the citation and cause the motor vehicle to be removed to the towing facility set forth in the notice.
B.
If the motor vehicle in violation of this chapter bears a registration plate by which the last registered owner of the vehicle can be determined, at the same time the emblem is affixed to the motor vehicle as set forth in § 244-5A of this chapter, the Police Department shall send a written notice by regular mail, postage prepaid, to the last registered owner of the vehicle informing the owner that, unless the vehicle is removed from the subject property within seven days after being tagged, the vehicle will be removed as set forth in § 244-5A above.
C.
Upon arrival at the towing facility, the vehicle shall
be impounded and its contents inventoried by the approved storage
garage. The Township Police Department shall obtain and keep a copy
of the contents' inventory.
D.
If a motor vehicle is displayed in violation of § 244-2 or 244-3 above for a second time in any twelve-month consecutive period, citations may be issued immediately, and the motor vehicle may be removed to an approved storage garage by a Township police officer or designated employee without affixing the violation and tow warning emblem referred to in § 244-5A above and without prior notice to the last registered owner.
E.
The Township Police Department shall keep a record
of all motor vehicles issued violation and tow warning emblems and/or
towed pursuant to this chapter, including the year, make, model, registration
number and last registered owner of the vehicle.
The removal and impounding of vehicles under
this chapter shall be done only by approved storage garages that shall
be designated from time to time by the Board of Supervisors of Uwchlan
Township. Every such garage shall submit evidence to the Board of
Supervisors of Uwchlan Township that it is bonded or has acquired
liability insurance in an amount satisfactory to the Board as sufficient
to indemnify owners of impounded vehicles against loss or damage of
those vehicles while in the custody of the approved storage garage
for the purpose of towing or storage. The approved storage garage
shall submit to the Board its schedule of charges for towing and storage
of vehicles under this chapter, and when the schedule is approved
by the Board, those charges shall be adhered to by the approved storage
garage; no different schedule of charges shall be demanded of or collected
from any person whose vehicle is removed or impounded under this chapter
by any approved storage garage. The Board shall delete from its list
of approved storage garages any garage that makes any unapproved charge
in connection with any vehicle removed or impounded under this chapter.
In order to reclaim his vehicle, the owner shall
pay towing and storage charges to the approved storage garage in accordance
with the Township-approved schedule of towing and storage charges.
In addition to the Township's right to remove
and tow vehicles and the owner's responsibility to pay for towing
and storage costs, any person who violates or permits the violation
of any provision of this chapter shall be subject to a fine in an
amount not to exceed $1,000 per day, plus all court costs, including
reasonable attorneys' fees, incurred by the Township. Enforcement
shall be by action brought before a Magisterial District Judge in
the same manner provided for in the enforcement of summary offenses
under the Pennsylvania Rules of Criminal Procedure. In default of
payment, the defendant shall be liable to imprisonment for up to 90
days. Each day of a violation shall be a separate offense and subject
to the daily fine set forth herein. All fines and penalties for the
violation of this chapter shall be paid to the Township.
