(a) Time and Conditions. No person shall place or cause to be placed upon or in any public street or highway in the Borough any automobile or other vehicle for such length of time or under such conditions as to amount to an unreasonable use of the street or highway.
(Ord. 467. Passed 12-2-42.)
(b) Notice; Impounding. Whenever the Borough police or other officers of the Borough find that any vehicle has been continuously parked on any public street or highway for more than 72 hours, such officer shall report the same to the Chief of Police, who shall thereupon endeavor to notify the owner or person in charge or responsible for so placing the vehicle. If, upon inquiry, the identity of such person cannot be ascertained, or he or she is absent from the Borough, or if such vehicle is not removed within 24 hours of the giving of such notice where notice is practicable, the Chief shall cause the vehicle to be removed from such street or highway to an appropriate place of storage, at the expense and risk of the owner or person responsible for such vehicle, and in accordance with the provisions of Section 420.02.
(Adopting Ordinance)
(c) Storage; Liability of Parties. Upon removal of the vehicle to a garage, designated by the Manager as a pound, pursuant to Section 420.02(a), the keeper thereof shall store the same at the risk of the owner or person responsible for such vehicle, subject to the laws governing the rights and liabilities of such owner as bailor and such keeper as bailee.
(d) Interpretation. Nothing in this section shall be construed to prohibit the lawful parking of vehicles in accordance with the provisions of this chapter or other Borough ordinances, or to effect any modification or amendment of any such provisions or ordinances.
(e) Costs of Removal and Storage. Whoever violates this section shall, in addition to the penalty provided in Section 440.99
, be liable for the costs of removing such vehicle and storing the same, as provided in this section and Section 420.02
, which cost shall be collected by the Borough as like fines and penalties are by law collectable.
(f) Purpose; Sham Defenses. The purpose of this section is to prevent the unreasonable use of public streets and highways for private purposes, to facilitate proper policing and cleaning of streets and to prevent congestion thereof. It shall not constitute a defense to a charge of violating this section that the owner or person in charge of the vehicle worked, or intended to perform work or repairs, upon such vehicle, using the public street for that purpose, or that within each period of seventy-two hours, the vehicle is moved to a different location or into some other street or highway of the Borough.
(Ord. 467. Passed 12-2-42.)