[Ord. 2118, 4/15/2008]
1.
Words and phrases, when used in this Chapter, except for Sections
or Parts to which different or additional definitions apply, shall
have the meanings ascribed to them in the Vehicle Code, 75 Pa.C.S.A. § 101
et seq., except that in this Chapter the word "street" may be used
interchangeably with the word "highway," and shall have the same meaning
as the word "highway" as defined in the Vehicle Code.
2.
The term "legal holidays" as used in this Chapter shall mean and
include: New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day.
3.
In this Chapter, the singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine.
[Ord. 2118, 4/15/2008]
All traffic and parking regulations of a permanent nature shall
be enacted as ordinances, as parts of ordinances, as amendments to
ordinances, or as amendments to this Chapter, except where the law
specifically authorizes less formal action.
[Ord. 2118, 4/15/2008]
The provisions of this Chapter, so far as they are the same
as those of ordinances and regulations in force immediately before
the enactment of this Chapter, are intended as a continuation of those
earlier ordinances and regulations, and not as new enactments. Nothing
in this Chapter shall affect any act done or liability incurred, or
any suit or prosecution pending or to be instituted under any of those
repealed or superseded ordinances or regulations.
[Ord. 2118, 4/15/2008]
1.
The Mayor shall have the following powers to regulate traffic and
parking temporarily and in time of emergency:
A.
In the case of fire, flood, storm or other emergency, to establish
temporary traffic and/or parking regulations.
B.
In the case of emergency or to facilitate public works, or in the
conduct of parades, processions or public events, to restrict or prohibit
traffic and/or parking in limited areas for periods of not more than
72 hours.
2.
The Borough Manager shall have the power to prohibit parking temporarily
on any street or portion thereof in the Borough of Phoenixville to
permit street sweeping operations, the Borough Manager to provide
for prior newspaper publication thereof at least one time per month
and for the erection of temporary signs at least 12 hours in advance
thereof.
3.
Such temporary and emergency regulations shall be enforced by the
Police Department in the same manner as permanent regulations. Any
person who shall operate or park a vehicle or tractor in violation
of any such regulation, or who shall, move, remove, destroy, injure
or deface any sign or marking erected, posted or made to give notice
of any such regulation, shall upon conviction thereof, be subject
to the penalty set forth in the law or elsewhere in this Chapter for
a violation of such nature and, in case of a violation for which no
specific penalty is set forth in the law or elsewhere in this Chapter,
to a fine of not more than $25 together with costs of prosecution.
[Ord. 2118, 4/15/2008]
The Borough of Phoenixville may, from time to time by resolution,
designate places upon and along the highways in the Borough of Phoenixville
where, for a period of not more than 90 days, specific traffic and/or
parking regulations, prohibitions and restrictions shall be in force
and effect, and shall designate such locations by proper signs and
markings. Such regulations, prohibitions and restrictions shall be
effective as if they had been specified in this Chapter. No person
shall operate and no person shall move, remove, destroy or deface
any sign or marking erected, posted or made by authority of this Section.
Any person who shall violate any provision of this Section shall,
upon conviction thereof, be subject to the penalty set forth in the
law or elsewhere in this Chapter for a violation of such nature and,
in case of a violation for which no specific penalty is set forth
in the law or elsewhere in this Chapter, to a fine of not more than
$25 together with costs of prosecution; provided, the purpose of this
Section is to allow for test and experimental determination of the
feasibility and desirability of permanent changes in the ordinances
of the Borough of Phoenixville relative to traffic and parking.
[Ord. 2118, 4/15/2008]
1.
The Borough of Phoenixville shall have authority to close any street
or specific part of a street to vehicular traffic and to place barriers
or station police officers at each end of the closed portion while
construction or maintenance work is under way or a special event is
being conducted on the closed portion. It shall be unlawful for any
person to drive a vehicle upon any such closed portion.
2.
The Borough of Phoenixville shall have authority to establish a restricted
traffic area upon any street where construction or maintenance work
is under way and to station flagmen at each end of the restricted
portion. It shall be unlawful for any person to drive a vehicle upon
any such restricted traffic area at any time when the flagman is displaying
a sign directing that vehicle to stop, or is signaling that vehicle,
by a flag or other device, not to proceed.
3.
Any person who violates any provision of this Section shall, upon
conviction, be sentenced to pay a fine of $25 and costs.
[Ord. 2118, 4/15/2008]
1.
ASSEMBLAGE
PROCESSION
For the purpose of this Section, the words "assemblage" and "procession"
shall have the following meanings:
a gathering of people without vehicles, which interferes
with the movement of pedestrian or vehicular traffic on any street.
a group of individuals, vehicles, animals and/or objects
moving along a street in a way that interferes with the normal movement
of traffic. A procession shall not include a funeral caravan or military
convoy.
2.
It shall be unlawful for any person to hold or participate in any
assemblage unless the person organizing or conducting the assemblage
first obtains a permit from the [Designated Official], which shall
be issued without fee. Application for the permit shall be made at
least one week in advance of the day on which the assemblage is proposed
to be held, but in any case where a State-designated highway is proposed
to be used, application shall be made at least three weeks in advance
of the proposed date. The permit shall state the place where and the
date when the assemblage is to be held, the hour when the assemblage
may convene and the hour by which it shall have been completely dispersed.
It shall be unlawful for any person to hold or to participate in any
assemblage unless the permit has been granted, or at any time or place
other than that authorized by the permit.
3.
It shall be unlawful for any person to hold or participate in any
procession unless the person organizing or conducting the procession
first obtains a permit from the [Designated Official], which shall
be issued without fee. Application for the permit shall be made at
least two weeks in advance of the day when the procession is proposed
to be held, but in any case where the State-designated highway is
proposed to be used, application shall be made at least three weeks
in advance of the proposed date. The permit shall specify the date
on which the procession is to be held, the route to be followed by
the procession, the hour when and place where participants may commence
to assemble and form before the procession is under way, the time
when the procession may commence to move along its route, and the
time by which the end of the procession shall have been disbanded.
It shall be unlawful for any person to hold or to participate in any
procession unless the permit shall have been granted, or under any
conditions as to time or route or otherwise than those stated in the
permit.
4.
Any person who violates any provision of this Section shall, upon
conviction, be sentenced to pay a fine of $25 and costs.
[Ord. 2118, 4/15/2008]
1.
The Borough Police Officers, crossing guides and Special Police Officers
are hereby given authority to direct traffic on the highways of the
Borough and at intersections thereof.
2.
The Borough Police Officers, Special Police Officers and Parking
Enforcement Officers are hereby given authority to enforce the pertinent
provisions of this Part 1.
[Ord. 2118, 4/15/2008]
1.
The Police Department is hereby authorized to use all speed timing
devices for the determination of speed of a motor vehicle as are approved
or will be approved by the Department of Transportation of the Commonwealth
of Pennsylvania, in accordance with 75 Pa.C.S.A. § 3368.
2.
This Section authorizes the use of said devices upon all highways
within the Borough of Phoenixville be the Borough, County or State
highways, and does also hereby elect to exercise all powers granted
to "local authorities" under the Vehicle Code of the Commonwealth
of Pennsylvania, 75 Pa.C.S.A. § 6101 et seq., as hereafter
amended, supplemented, modified or reenacted by the General Assembly
of Pennsylvania.