[HISTORY: Adopted by the Board of Supervisors of the Township of Pocopson as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-22-1993 by Ord. No. 3-1993]
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 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 operations 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 during or immediately following, which the Township or other governmental unit or private contractor under contract to the Township or other governmental unit actually undertakes such operations and shall include but not be limited to any storm during which there is an accumulation of at least one inch of snow as measured at Philadelphia International Airport, by the National Weather Service or other official government body authorized to make such measurement.
The Township is hereby authorized to remove and impound or to order the removal and impounding of any vehicle parked on any streets or roads or sidewalks of Pocopson 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.
[Amended 9-27-2010 by Ord. No. 5-2010]
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 submit evidence to the Board of Supervisors that it is bonded or has acquired liability insurance in an amount approved by the Township sufficient to indemnify owners of impounded vehicles against loss or damage to those vehicles while in the custody of the storage facility for the purpose of towing or storage. The approved storage facility shall submit to the Board of Supervisors its schedule of charges for towing and storage for approval and the schedule of charges shall not be amended without approval of the Board of Supervisors.
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.
The Township shall have the right to remove and impound vehicles that are parked illegally as set forth in § 221-1 hereof.
Within 24 hours from the time of the removal of any vehicle and 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 at which 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 it is provided by the Vehicle Code[1] as in other cases of summary offenses and shall have the rights as to appeal and waiver of hearing 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.
It shall be a violation of this article if any person deposits snow from private property onto any Township street or road.
[Amended 11-28-2005 by Ord. No. 3-2005]
Any person violating any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 plus costs of prosecution in accordance with the Vehicle Code.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.