[Adopted 3-15-2023 by Ord. No. 2023-3]
Except as provided in §
224-2 of this article, the operation of any motor vehicle, commercial vehicle, other tractor, trailer or tractor trailer with a gross weight in excess of that herein respectively prescribed, upon any of the bridges or portions thereof described below, is hereby prohibited.
Bridge Number
|
Name
|
Weight Limit
|
Location
|
---|
142
|
Mulford
|
13 tons, except 24 ton combinations
|
South Avenue over Muckinipattis Creek in Glenolden Borough
|
210
|
Michigan
|
12 tons
|
Michigan Avenue over Little Crum Creek in Ridley Township
|
221
|
Worral
|
15 tons, except 20 ton combinations
|
Paper Mill Road over Darby Creek in Newtown Township
|
234
|
Bonemill
|
3 tons
|
Station Road over Chester Creek in Thornbury Township
|
The operation of emergency vehicles when such emergency vehicles
are actually responding to an emergency is exempted from the prohibition
of this article. This article shall apply when such emergency vehicles
are returning from an emergency call or are engaged in routine driving,
maintenance, or parade exercises. An emergency vehicle shall consist
of any vehicle as so defined in Section 102 of the Pennsylvania Vehicle
Code, 75 Pa. C.S.A. § 102, and shall also include any vehicle
under the jurisdiction of the Civil Defense Director of the County
of Delaware. An emergency call shall consist of any threat to life,
property, health, or safety of any person.
Any person operating a vehicle with a gross weight in excess
of the limits prescribed above will be subject to penalties as set
forth in Section 4902(g)(1) of the Pennsylvania Vehicle Code, 75 Pa.
C.S.A. § 4902(g)(1), as amended, or as shall be set forth
in any amendment thereto or successor legislation enacted by the General
Assembly of the Commonwealth of Pennsylvania.
All fines, penalties, and forfeitures imposed and collected
under this article shall be disposed of by the collecting authority
in the manner prescribed by the laws of the Commonwealth of Pennsylvania;
provided, however, that in any case in which a prosecution under this
article is the result of local police action, the collecting authority
shall transmit to the municipality employing such police officer or
officers 50% of any fine, penalty, and/or forfeiture collected and
shall transmit to the Treasurer of the County of Delaware the balance
of any such fine, penalty and/or forfeiture.
The Director of Public Works of the County of Delaware or designee
appointed by County Council shall erect or cause to be erected and
shall maintain or cause to be maintained such restriction signs, including,
if necessary, any advance informational signs, as shall be required
to effectuate the enforcement of this article under applicable provisions
of the Pennsylvania Vehicle Code and any other laws of the Commonwealth
of Pennsylvania.
In the event that §
224-6 of this article shall be found by any court of competent jurisdiction to constitute a delegation of power and authority by the County Council of the County of Delaware which is in excess if that authorized by the Pennsylvania Vehicle Code or other applicable provisions of state law or of the Delaware County Home Rule Charter, the remainder of this article shall not be held to be invalid, and the said §
224-6 shall be considered to be severable, it being expressly declared that the County Council of Delaware would have adopted the remaining provisions of this article notwithstanding any possible invalidity of §
224-6 hereof.
Pursuant to the applicable provisions of the Pennsylvania Vehicle
Code, as now set forth in 75 Pa. C.S.A. § 4902(c), the Director
of Public Works or designee appointed by County Council shall have
authority to issue permits for the movement of vehicles of weight
in excess of the restrictions provided for by this article for bridges
now or hereafter owned by the County of Delaware. No such permit shall
be issued unless and until the applicant for such permit provides
such security as the Director deems necessary to cover the cost of
repairs and restoration necessitated by the permitted movement of
such vehicles over the said bridges. In addition to such security,
the applicant for such permit shall also agree to indemnify and save
harmless the County against any and all claims which may be asserted
against the County for any personal injury or property damage claims
which may arise out of the movement of such vehicles over the said
bridges.
This article supersedes any and all ordinances that may be in
effect for the purpose of establishing gross weight limits on bridges
owned and maintained by the County of Delaware either individually
or collectively.
This article shall become effective 10 days after its adoption
by the County Council of the County of Delaware.
[Adopted 2-19-2020 by Ord. No. 2020-1]