[Adopted 9-21-2004 by Ord. No. 207]
A. 
After the effective date of this article, and subject to the exception in § 405-30 hereof, no vehicles of any nature shall park on either the north side or the south side of Third Avenue between Pennsylvania Avenue (S.R. 41) and Morris Street, except on Sundays.
B. 
The Borough shall erect "no parking any time, except Sundays" signs on both the north side and the south side of Third Avenue between Pennsylvania Avenue (S.R. 41) and Morris Street to notify the public of the parking restrictions of this article.
Vehicles may temporarily park on the north side and south side of Third Avenue between Pennsylvania Avenue (S.R. 41) and Morris Street if and only if the operators of these vehicles are attending a funeral service, memorial service or a service of a similar nature at a licensed funeral home located within the municipal limits of Avondale Borough, subject to the following:
A. 
The operator of the vehicle intending to park on Third Avenue shall secure from the licensed funeral home at whose establishment the funeral, memorial service or other service is actually being held or conducted a placard with the word "funeral", the words "funeral service", or similar language. The operator of the vehicle shall place this placard on the vehicle in a conspicuous place; and
B. 
No vehicle authorized by this subsection to be temporarily parked on Third Avenue shall be parked for a period in excess of four hours; and
C. 
No vehicle authorized by this subsection to be temporarily parked on Third Avenue shall be parked during any declared snow emergency.
A. 
Pursuant to the authority given to Boroughs by Pennsylvania Vehicle Code Section 6109(a)(22),[1] Avondale Borough shall have authority to tow and impound vehicles which are parked in violation of any sections of this article. Towing and impoundment shall be in accordance with the following:
(1) 
The towing and impounding of vehicles shall be done only by approved storage garages designated by the Avondale Borough Council ("Council"). Every approved storage garage shall submit evidence to the Council that it is bonded or has acquired liability insurance in an amount satisfactory to the Council sufficient to indemnify the owners of impounded vehicles against loss or damage to those vehicles during towing or while in the custody of the garage keeper for storage. The approved storage garage shall submit to Council its schedule of charges for the towing and storage of vehicles under this subsection. If this schedule of charges is approved by Council, the charges shall be strictly adhered to by the approved storage garage. No different schedule of charges shall be used by any approved storage garage without the prior written approval of Council, and no different charges shall be demanded of or collected from any person whose vehicle has been towed or is impounded. Council shall delete from the list of approved storage garages any garage which imposes or attempts to impose any unapproved charge or charges in connection with any vehicle towed or impounded under this article.
(2) 
Within 12 hours from the time of removal of any vehicle, notice of the fact that the vehicle was removed shall be sent to the owner of record of the vehicle by both the approved storage garage which towed and impounded the vehicle and the Police Department then servicing Avondale Borough. The notice shall state the place from which the vehicle was removed, the reason for its removal and impounding, and the name, address, telephone number and location of the garage at which the vehicle was impounded.
(3) 
The Police Department then servicing Avondale Borough shall keep a record of all vehicles impounded and must be able at all times to provide to the owner or agent of the owner of those vehicles with all information about the place of storage of the removed and impounded vehicle.
(4) 
No vehicle shall ever be towed or removed under this article if, at the time of intended towing or removal, the owner of that vehicle or the person in charge thereof for the time being is present and clearly states a willingness and intention to immediately remove that vehicle from its location.
[1]
Editor's Note: See 75 Pa.C.S.A. § 6109(a)(22).
B. 
Before the owner of any vehicle may reclaim the vehicle which has been towed and impounded, that person shall pay any fine or fines levied for illegal parking in addition to the charges for towing and impoundment of that vehicle.
C. 
The payment of towing and storage charges shall be final and conclusive and shall constitute a waiver of any right to recover the money so paid. If payment of any towing or storage charge is paid under protest, the person who has violated this article shall be entitled to a hearing before the Magisterial District Judge whose jurisdiction includes Avondale Borough, in which case the violation of this article by the owner of the vehicle shall proceed, and the owner of the vehicle shall receive any notice required by the Pennsylvania Vehicle Code, the Pennsylvania Rules of Criminal Procedure, or other statute applicable to summary offenses. The payment of any towing and storage charges shall not relieve the owner of any vehicle from liability for any fine or penalty for the violation of this article for which the vehicle was removed and impounded.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $50, plus costs of prosecution.