[Adopted 7-24-1995 by Ord. No. 1544 (Ch. 21, Part 14, of
the 1995 Code)]
The Council of the City of DuBois finds that:
A.
Cartway areas of the streets, alleys and ways of the City of DuBois
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.
The prohibition of placement of objects other than motor vehicles
on the cartways of the City 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 City of DuBois.
As used in this article, the following terms shall have the
meanings indicated:
The paved, macadamized or otherwise improved portion of a
street, alley or way.
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 City of DuBois.
The City of DuBois 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 City
of DuBois.
Removal and impounding of objects under this article shall be
done only by either City personnel or "approved agents" that shall
be designated from time to time by the City Council. Every such approved
agent shall submit evidence to the City of DuBois that it is bonded
or has acquired liability insurance in an amount satisfactory to the
City Council 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 City of DuBois a schedule of charges for removal
and storage of objects under this article, and when the schedule is
approved by the City of DuBois, 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
City Council 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 § 385-94 of this article.
The City of DuBois 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.
[Amended at time of adoption of Code revisions (see Ch. 1,
General Provisions, Art. II)]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000 plus costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 90 days. Each 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.
