The provisions of this part shall be severable,
and if any of its provisions shall be held to be unconstitutional,
illegal or otherwise invalid, such decision shall not affect the validity
of any of the remaining provisions of this part. It is hereby declared
as a legislative intent that this part would have been adopted had
such unconstitutional, illegal or otherwise invalid provision not
been included herein.
[Amended 8-2-1982 by Ord. No. 192]
A. Traffic violations. Any person violating the provisions of Article
II of this part shall be guilty of a summary offense and, upon conviction thereof, shall be punishable by a fine of $25 and costs of prosecution.
B. Parking violations. Except as to §§
326-19,
326-23B and
326-25, any person violating the provisions of Article
III of this part relating to parking violations shall be guilty of a summary offense and, upon conviction thereof, shall be punishable by a fine of $25 and costs of prosecution, provided that, upon conviction before a Magisterial District Judge after hearing, the fine shall be increased to $35, together with costs of prosecution.
[Amended 6-15-1998 by Ord. No. 325; 9-19-2005 by Ord. No. 408; 3-17-2008 by Ord. No.
451; at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C. Removal and impoundment
of illegally parked vehicles.
[Added 6-15-1998 by Ord. No. 325]
(1) This subsection
is enacted under authority of Section 6109(a-22) of the Vehicle Code and gives authority to the Township of Muhlenberg to remove
and impound those vehicles which are parked in violation of any article
of this part relating to parking violations. Vehicles which have been
abandoned (as defined by the Vehicle Code) or which are parked in
such a manner as to interfere with traffic or pose a hazard to others
may be towed under the provisions of the Pennsylvania Vehicle Code.
(2) The Township
of Muhlenberg shall have authority to remove and impound, or to order
the removal and impounding of, any vehicle parked overtime or otherwise
illegally or in violation of any provisions of any article of this
part relating to parking violations, provided that no such vehicle
shall be removed or impounded except in strict adherence to the provisions
of this subsection or the provisions of the Pennsylvania Vehicle Code.
(3) Removal and
impounding of vehicles under this subsection shall be done only by
approved storage garages that shall be designated from time to time
by the Township of Muhlenberg. Every such garage shall submit evidence
to the Township of Muhlenberg that it is bonded or has acquired liability
insurance in an amount satisfactory to the Township of Muhlenberg
as sufficient to indemnify owners of impounded vehicles against loss
or damage to those vehicles while in the custody of the garage keeper
for the purpose of towing or storage.
(4) The payment
of towing and storage charges shall not relieve the owner or driver
of any vehicle from liability for any fine or penalty for the violation
of any provision of any article of this part relating to parking violations
for which the vehicle was removed or impounded.
(5) No vehicle
shall be removed under the authority of this subsection or the Vehicle
Code if, at the time of the intended removal, the owner or the person
for the time being in charge of the vehicle is present and expresses
a willingness and intention to remove the vehicle immediately.
(6) Any person
who shall violate any provision of this subsection shall, upon conviction
thereof, be sentenced to pay a fine of $50, together with all costs
of disposing of the vehicle under provisions of the Vehicle Code,
75 Pa.C.S.A. § 7301 et seq. (1977), as hereafter amended,
supplemented, modified or reenacted by the General Assembly of Pennsylvania.
(7) If after
a period of 15 days the vehicle in storage remains unclaimed, a report
shall be filed with PennDOT in accordance with Section 7311 of the
Vehicle Code by the person having legal custody of the vehicle. If
the vehicle has not been claimed after 30 days, the vehicle may be
transferred to a licensed salvor, who will then be responsible for
filing the proper reports and disposing of the vehicle in accordance
with the provisions of Chapter 73 of the Pennsylvania Vehicle Code
(75 Pa.C.S.A. § 101 et seq., as amended).
(8) The Township
of Muhlenberg shall have authority to enforce all provisions of the
Pennsylvania Vehicle Code (75 Pa.C.S.A. § 101 et seq., as
amended).