[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.
