[Adopted 9-12-1995 by Ord. No. 146]
[Amended 12-13-2005 by Ord. No. 223]
It shall be unlawful to park any vehicle on any public street or road during the course of any snow storm, ice storm or snow fall, during the course of which or following which any salting, cindering, plowing or other snow or ice removal operations are undertaken by the Township or by any other governmental unit authorized to undertake such operations or by any private contractors under contract for such operation to the Township or to any other governmental unit authorized to undertake such operation. It shall further be unlawful to park any vehicle on any public street or road following such storm for a period of 12 hours or until the completion of any salting, cindering, plowing, or snow removal operations as aforesaid whichever period is greater. A snow storm, ice storm, or snow fall requiring salting, cindering, plowing, or other snow removal operations as aforesaid shall be construed to mean any such snow storm, ice storm, or snow fall which covers the road surface or during or immediately following which the Township declares a snow emergency as defined in § 450-23.
[Amended 12-13-2005 by Ord. No. 223]
The Township may declare a snow emergency by notifying at least two radio stations which broadcast generally in the Caernarvon Township area and which carry such announcements as a public service that a snow emergency has been declared in the Township and that all vehicles must be removed from public streets until snow removal has been completed. In addition, signs shall be posted at least five regularly traveled portions of the Township indicating the existence of this article and the requirement that vehicles be removed from the streets during and after any snow storm, ice storm, or snow fall which covers the road surface or during any declared snow emergency.
The Township is hereby authorized to remove and impound or to order the removal and impounding of any vehicle parked on any street or road or sidewalk of Caernarvon Township in violation of the provisions of this article, provided that no vehicle shall be removed or impounded except in adherence to the provisions of this article.
The Township, by resolution, shall designate an approved storage facility as a pound for the storage of such impounded vehicles and every such approved storage facility shall post a bond in an amount fixed by the Township, by resolution from time to time, said bond to be filed with the Board of Supervisors for indemnifying the owner of any such impounded vehicle against the loss thereof or injury or damage thereto while in the custody of such storage garage.
The Township shall, by resolution from time to time, fix and establish the charges that shall be made for the towing and storage of any vehicle removed and impounded under the authority of this article.
Within 12 hours from the time of the removal of any vehicle under the authority of this article, notice of the fact that such vehicle has been impounded shall be sent by the Township to the owner of record of such vehicle; such notice shall designate the place from which such vehicle was removed, the reasons for its removal and impounding and the place where it shall have been impounded.
The payment of any towing and impounding charges as authorized by this article shall, unless such payment shall have been made under protest, be final and conclusive and shall constitute a waiver of any right to recover the monies so paid.
In the event that any towing and impounding charges so imposed shall be paid under protest, the offender shall be entitled to a hearing before a Magisterial District Judge or court of record having jurisdiction, in which case such offender shall be proceeded against and shall receive such notice as is provided by the Vehicle Code[1] in other cases of summary offenses and shall have the right to appeal as therein provided.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
The Township shall keep a record of all vehicles impounded and shall be able at all reasonable times to furnish the owner or agents of the owners thereof with information as to the place of the storage of such vehicles.
The paying of towing and storing 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 or ordinance on account of which such vehicle was removed and impounded.
No vehicles shall be removed under the authority of this article if, at the time of the intended removal thereof, the owner or person in charge of such vehicle is present and expresses a willingness and intention to remove such vehicle immediately.
Any person violating any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $15 nor more than $50 plus costs of prosecution.
The provisions of this article are severable, and if any of its provisions shall be held to be unconstitutional or illegal, such decision shall not affect the validity or any of the remaining provisions of this article, and it is hereby declared as a legislative intent that this article would have been adopted had such unconstitutional or illegal provision not been included herein.