AN ORDINANCE OF THE BOROUGH OF KENHORST, BERKS COUNTY, PENNSYLVANIA, DEFINING CERTAIN TERMS REGULATING THE PARKING OF VEHICLES WITHIN THE BOROUGH; PROVIDING FOR THE REMOVAL AND IMPOUNDING OF ANY SUCH VEHICLE PARKED ON THE STREETS, HIGHWAYS, OR PUBLIC PROPERTY OF SAID BOROUGH IN VIOLATION OF THIS ORDINANCE OR ANY OTHER ORDINANCE OF THIS BOROUGH OR OF THE MOTOR VEHICLE CODE OF THE COMMONWEALTH OF PENNSYLVANIA; DESIGNATING STORAGE GARAGES FOR IMPOUNDED VEHICLES; PROVIDING FOR THE BONDING OF SUCH STORAGE GARAGES FOR THE INDEMNIFICATION OF OWNERS OF IMPOUNDED VEHICLES; FIXING THE REMOVAL AND STORAGE CHARGES OF VEHICLES REMOVED AND IMPOUNDED; PROVIDING THAT WITHIN 12 HOURS OF SUCH REMOVAL NOTICE BE SENT TO THE RECORD OWNER OF SUCH VEHICLE THAT THE SAME HAS BEEN REMOVED AND IMPOUNDED; PROFICING THAT THE PAYMENT OF THE REMOVAL AND STORAGE CHARGES SHALL BE FINAL AND CONCLUSIVE AND SHALL CONSTITUTE A WAIVER OF ANY RIGHT TO RECOVER THE MONEY SO PAID, UNLESS MADE “UNDER PROTEST” THE OFFENDER SHALL BE ENTITLED TO A HEARING BEFORE THE MAYOR OF ANY JUSTICE OF THE PEACE OR IN THE COURT OF QUARTER SESSIONS OF BERKS COUNTY, AS IN THE CASE OF OTHER SUMMARY OFFENSES PROVIDED FOR IN THE VEHICLE CODE OF THE COMMONWEALTH OF PENNSYLVANIA; REGULATING TRAFFIC UPON CERTAIN STREETS OF THE BOROUGH; PROVIDING FOR THE CREATION AND OPERATION OF STOP SIGNS; PRESCRIBING THE POWERS AND DUTIES OF THE MAYOR, AND AUTHORIZING THE MAYOR TO MAKE RULES AND REGULATIONS FOR THE ADMINISTRATION OF THIS ORDIANCE; PROVIDING PENALTIES FOR VIOLATIONS OF THIS ORDINANCE AND REPEALING CERTAIN ORDINANCES
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BE IT ORDAINED AND ENACTED by the Borough Council of the Borough of Kenhorst, situate in Berks County, Pennsylvania, and it is hereby ordained and enacted by the authority of the same, as follows:
SECTION 1. DEFINITIONS:
(a) Parking: Parking is hereby defined as standing of any vehicle, excepting a Police or Fire Department vehicle or ambulance, whether occupied or not, upon a highway, a public street or upon public property other than temporarily for the purpose of and while actually engaged in loading or unloading, or in obedience to traffic regulations or traffic signs and signals.
(b) Vehicle: Any motor vehicle, trailer, tractor, bicycle, wagon, cart or other conveyance.
SECTION 2. It shall be unlawful for any person to park, or cause to be parked, any vehicle in the Borough of Kenhorst at any of the following places or in any of the following manners:
(a) Within an intersection; (b) On or at a crosswalk;
(c) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless otherwise indicated by signs or curb markings;
(d) Within twenty-five (25) feet from the intersection of curb lines, or, if there be no curb lines, within (15) feet of the intersection of property lines at an intersection of streets or highways;
(e) Within thirty (30) feet upon the approach to any official flashing signal, stop sign or traffic sign located at the side of the roadway; (f) Within fifteen (15) feet of the driveway entrance to any fire
station;
(g) Within fifteen (15) feet of a fire hydrant; (h) On a sidewalk;
(i) In front of a private driveway;
(j) Along side any street or highway excavation or obstruction, or opposite the same; unless, in the latter case only, a clear and unobstructed width of not less than twenty (20) feet upon the main traveled portion of the said street or highway is left free for passage of other vehicles thereon;
(k) On the roadway side of any vehicle stopped or parked at the curb or edge of a street or highway;
(l) Against the flow of traffic on all highways or public streets; (m) At any place where signs have been erected prohibiting parking; (n) At any place where the curb is painted yellow or red;
(o) At any place designated by the Borough Mayor or by the Borough Council or by an Ordinance of the Borough, as a “Bus Stop” and which has been marked by signs identifying the area as a “Bus Stop”;
(p) At any other place upon a public street or highway within the Borough unless the vehicle is parked parallel to the curb line and within six (6) inches of the curb, or, if there be no curb installed, then within six (6) inches of the edge of the roadway; except that vehicles which cannot load or unload parallel to the curb line may load or unload at right angles to the curb line;
(q) At any other place upon a public street for a longer period of time than permitted by the applicable Borough Ordinances; provided that the time to which parking is limited is designated on signs placed in the restricted area; and
(r) Upon any public property other than public streets or highways within the Borough, except where designated by the Borough Police, the Borough Council or by any Ordinance of the Borough, as a public parking area.
SECTION 3. In accordance with the provisions of the Act of April 29, 1959, P.L. 58, as amended, the Borough of Kenhorst hereby adopts the following parking regulations:
(a) Parking shall be prohibited on the North side of Upland Boulevard between New Holland Road and Broadway Boulevard.
(b) Parking shall be prohibited on the West side of LaCrosse Avenue between Milford Avenue and the Eastern end of LaCrosse Avenue. (c) Parking shall be prohibited on the Northern side of Philadelphia
Avenue from the Eastern Borough Line to the Western Borough Line.
(d) Parking shall be prohibited on any street on which two-way traffic is permitted which is not more than twenty feet in width, as said width is set forth on the Topographical Survey of the Borough. SECTION 4. The Borough Police and the special police officers of the Borough are hereby authorized to remove and impound or cause to be removed and impounded, any vehicle parked in violation of this ordinance, any other ordinance of the Borough of Kenhorst, or of the Motor Vehicle Code of the Commonwealth of Pennsylvania. All such vehicles so removed shall be taken to the Borough garage at 339 S. Kenhorst Boulevard, in the Borough of Kenhorst, and impounded there until the owner thereof, or someone on said owner’s behalf, pays the removal and storage charges as hereinafter provided.
SECTION 5. The Borough garage at 339 S. Kenhorst Boulevard in the Borough of Kenhorst is hereby designated at the storage garage for all vehicles impounded under the provisions of this ordinance.
SECTION 6. The President and Secretary of the Borough Council of the Borough of Kenhorst and the Mayor are hereby authorized and directed to execute a Bond, without surety, on behalf of the Borough of Kenhorst, in the amount of FIVE THOUSAND DOLLARS ($5,000.00) providing for the indemnification of the owners of impounded vehicles for damages to the same.
SECTION 7. The charge for removing any vehicle parked in violation of this ordinance is hereby fixed at Five Dollars ($5.00). In addition, the storage charges for all vehicles impounded at the place hereinbefore designated, is fixed at One Dollar ($1.00) per day or any fraction thereof, during which said vehicle is there impounded.
SECTION 8. The Borough Police shall, within twelve (12) hours of the removal of any vehicle parked in violation of this ordinance, mail notice to the record owner of such vehicle that the same has been removed and impounded, by certified mail, return receipt requested, directed to his address as set forth in the records of the Bureau of Motor Vehicles or like agency of the State in which said vehicle is registered, and if unregistered, to the owner thereof at his last know address. Such notice shall inform the owner of the removal and storage charges incurred and shall advise him that he can regain possession of his vehicle by paying said storage and removal charges. Said notice shall further set forth that the payment of said removal and storage charges shall be deemed final and conclusive and constitute a waiver of any rights to recover the money so paid, unless made “under protest”; and advise such owner that if such removal and impounding charges are paid “under protest”, that he shall then be entitled to a hearing before the Mayor or any Justice of the Peace, or if said owner so desires, that he may waive said hearing before the Court of Quarter Sessions of Berks County, as in the case of other summary offenses under the Vehicle Code of the Commonwealth of Pennsylvania.
SECTION 9. No vehicle impounded in accordance with the terms of this ordinance shall be surrendered to the owner thereof unless said owner pays the removal and storage charges due under the terms of this ordinance.
SECTION 10. The payment of removal and storage charges due under this ordinance shall be final and conclusive and shall constitute a waiver of any right to recover the money so paid, unless made “under protest”.
SECTION 11. If said removal and impounding charges are paid “under protest:, the alleged offender shall be entitled to a hearing before the Mayor or any Justice of the Peace, or said alleged offender may waive his hearing before the Mayor or Justice of the Peace and have his hearing in the Court of Quarter Sessions of Berks County as in the case of other summary offenses as provided in the Vehicle Code of the Commonwealth of Pennsylvania.
SECTION 12. In accordance with the provisions of the Act of Assembly, of the Commonwealth of Pennsylvania of April 29, 1959, P.L. 58, the Borough of Kenhorst hereby declares the following intersections to be “stop intersections” and hereby orders the erection of stop signs as provided by said Act, as amended.
(a) Fern Avenue and MacArthur Avenue with the stop signs to be placed on Fern Avenue at Northwest and Southeast corners;
(b) Upland Boulevard and Broadway Boulevard with the stop sign to be placed on Broadway Boulevard at Northeast corner;
(c) Daniels venue and Fern Avenue with the stop signs to be placed on Daniels Avenue at the Southeast and Northwest corners.
(d) Liberty Avenue and Quentin Avenue with the stop signs to be placed on Liberty Avenue on the Southeast corner and on the Northwest corner.
(e) Columbia Avenue and Hancock Boulevard with the stop sign to be placed on the Northwest corner of Columbia Avenue.
(f) Hancock Boulevard and Haig Boulevard with the stop sign to be placed on the Southeast corner of Hancock Boulevard.
SECTION 13. The Mayor is hereby authorized to establish safety zones, areas where standing or parking shall be prohibited and bus stops, and the Mayor shall cause such safety zones, areas where standing or parking is prohibited and bus stops to be designated by the erection of official signs, except that the Mayor may cause areas where standing or parking is prohibited to be designated by causing the curb adjacent to said areas to be painted red or yellow. The Mayor is further authorized to make rules and regulations for the administration and enforcement of this ordinance.
SECTION 14. Any person who violates any provision of this ordinance, except those for which a fine is fixed or limited by the Vehicle Code of the Commonwealth of Pennsylvania, Act of April 29, 1959, P.L. 58, it’s amendments and supplements, shall, upon summary conviction before the Mayor or any Justice of the Peace, pay in addition to any removal and storage charges, a fine of not less than One Dollar ($1.00) nor more than Fifteen Dollars ($15.00) or in default thereof undergo imprisonment in the Berks County Prison for a period not exceeding ten (10) days.
SECTION 15. If any section or part of a section or paragraph of this ordinance is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or sections or part of a section or paragraph of this ordinance, and it is hereby declared that this ordinance would have been enacted without such invalid or unconstitutional provision.
SECTION 16. Ordinance No. 91 enacted and ordained the Fourth day of January, 1951; Ordinance No. 176 enacted and ordained the First day of June, 1961; Ordinance No. 186 enacted and ordained the First day of March, 1962, and Ordinance No. 187 enacted and ordained the First day of March, 1962 are repealed absolutely and all other ordinances inconsistent with the provisions of this ordinance are hereby repealed, but only as they are inconsistent herewith.
SECTION 17. This ordinance shall take affect on the 1st day of April, 1962 at 12:01 A.M.
ORDAINED and ENACTED as an Ordinance this 15th day of March, 1962. BOROUGH OF KENHORST
BY John Speck, President of Council ATTEST:
Shirley A. Oberly, Secretary
APPROVED this 15th day of March, 1962.
