[Adopted 6-1-1992 by Ord. No. 1-1992]
Words and phrases, when used in this article, shall have the meanings ascribed to them in Vehicle Code of Pennsylvania, as now in force, or as hereafter amended, enacted or reenacted, except in those instances where the context clearly indicates a different meaning. The singular shall include the plural and the masculine shall include the feminine.
The terms "alley," "street," "road" and "highway," as used in this article, shall include those of the Township, county and state, but shall not include a private alley, street, road or highway unless expressly so provided.
The boundary limits of the Township of Upper Burrell are hereby established as a zone in which motor vehicles may remain standing without lights, and all streets and alleys within such boundary limits are hereby designated as streets where motor vehicles may remain standing without lights.
Wherever a space shall be marked off on any street or alley for the parking of an individual vehicle, every vehicle there parked shall be parked within the lines bounding such space.
At any time it shall be unlawful to permit any vehicle to stand in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the direction of a policeman or traffic control device:
On the crest of any hill or on the berm at any curve where such parking will reduce the usable width of the highway or impair the vision of any motorist.
Upon any bridge or viaduct or in any underpass or the approaches thereto.
At any place where the standing of a vehicle will reduce the usable width of the roadway for moving traffic to less than 16 feet.
Within any area reserved for use by firefighting, police, or emergency vehicles or related equipment, whether on private property, public roadways or in shopping centers.
In such a way that snow removal crews are hampered in their activities.
At any place where official signs prohibit parking.
No person shall park a vehicle or tractor or permit it to stand, whether attended or unattended, upon a street or highway or in any of the places delineated in 75 Pa.C.S.A. §§ 3353 and 3354 of the Pennsylvania Motor Vehicle Code.
It shall be unlawful to park any vehicle within the right-of-way of any street or state highway within Upper Burrell Township for the purpose of displaying said vehicle for sale.
No person shall park a vehicle within the right-of-way of an alley, street, road or highway within Upper Burrell Township in such a manner or under such conditions or in such a position as to block the roadway or any driveway entrance to an abutting property.
It shall be unlawful to park or store a motor vehicle on or along or within the legal right-of-way of any highway, road, street or alley within Upper Burrell Township that does not have a current license or current inspection sticker or is not in running condition.
The Chairman of the Board shall have the following powers to regulate traffic and parking temporarily and in times of emergency:
In the case of fire, flood, snowfall, snowstorm, storm or other emergency, to establish temporary traffic and parking regulations.
In the case of emergency or to facilitate public works or in the case of the conduct of public events, to restrict or prohibit parking or traffic in limited areas for periods of not more than 24 hours.
Such temporary and emergency regulations shall be enforced by the Police Chief and the Police of the Township in the same manner as permanent regulations. Any person who shall operate a vehicle in violation of any such temporary regulations shall be liable to the penalty set forth in the law for such violation, and in case of any violation for which no specific penalty is set forth in the law, to a fine of not more than $50 and costs of prosecution.
The Police Chief shall have the power and authority to establish, change and abolish and to designate by appropriate markings or signs, crosswalks, traffic lanes and parking spaces.
The police officers of the Township are hereby given authority to direct traffic on the highways of the Township and at intersections thereof.
The Police Department and all members thereof are hereby authorized to remove, tow away and impound or have removed, towed away and impounded by commercial towing service, any car or other vehicle illegally parked in any place where such parked vehicle creates or constitutes a traffic hazard, blocks the use of a fire hydrant, obstructs or may obstruct the movement of any emergency vehicle or snow removal equipment or is in violation of any of the provisions of this article; provided, no vehicle shall be removed or impounded except in strict adherence to the following provisions:
The car or other vehicle which is subjected to removal, towing and impounding shall be removed, towed away and impounded by a commercial towing service and storage garage which is a Commonwealth of Pennsylvania certified salvor.
Said Commonwealth of Pennsylvania certified salvor specified in Subsection A above shall maintain the Pennsylvania state certified salvor license and shall also maintain appropriate liability insurance for the indemnifying of the owner of any such impounded vehicle against the loss thereof or damage thereto, while in the custody of said storage garage.
Vehicles so towed away and stored or impounded shall be restored to the owner or operator of such car on payment of the towing charges within 24 hours after the time such vehicle was removed, plus storage charges for each additional 24 hours or fraction thereof. The towing and storage charges shall be fixed by the Board of Supervisors of Upper Burrell Township.
Within 12 hours from the time of the removal of any vehicle under authority granted by this article, notice shall be sent by the Police Chief of the Township to the owner of record of such vehicle. Such notice shall designate the place from which said vehicle was removed, the reason for its removal and impounding and the place in which it shall have been impounded.
The Police Chief shall keep a record of all vehicles impounded and shall be able to furnish at all times the owner or agents of the owners thereof with information as to the place of storage of such vehicles.
The payment of towing and storage charges shall not operate to relieve the owner or operator of any vehicle from liability for any fine or penalty for the violation of any law.
No vehicle shall be removed under the authority of this article if at the time of the intended removal thereof the owner or person for the time being in charge of such vehicle is present and expresses a willingness and intention to remove such vehicle immediately.
Any person who shall violate any of the provisions of this article for which a penalty has not been set, shall, upon conviction thereof, be sentenced to pay a fine of not less than $25 nor more than $50 and costs of prosecution.
Provided, however, that each owner or operator of a vehicle to which has been attached a notice that such vehicle has been parked in violation of the provisions of this article may, within 72 hours of the time such notice of violation was attached to such vehicle, discharge and satisfy the penalty for such violation by paying the sum of $10 to the Township of Upper Burrell at the Upper Burrell Township Business Office during regular business hours or by mailing the sum of $10 together with the notice of violation to the Township of Upper Burrell at the Upper Burrell Township Business Office at 3735 Seventh Street, New Kensington, PA 15068, or by the deposit of $10 together with the notice of violation into appropriately designated courtesy boxes. Each such owner or operator who fails to discharge and satisfy the penalty as above described within the seventy-two-hour period shall then be subject to the fine and penalty imposed by this article.
Provided, further, however, that in no event shall the fine for a violation of § 320-13D be less than $25.
The fines or payments of the penalty for violations of this article shall be deposited by the Township Treasurer into the Township General Fund.