[Ord. 158, 6/19/1995, § 1-101]
(a)
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 (the Act of
June 17, 1976, P.L. 162, No. 81), as amended, except that in this
chapter the word "street" may be used interchangeably with the word
"highway" and shall include any street, avenue, boulevard, road, highway,
freeway, parkway, lane, alley, viaduct or other thoroughfare on the
Township road plan, recorded subdivision plan or as established by
ordinance and open to public use, and shall have the same meaning
as the word "highway" as defined in the Vehicle Code.
(b)
In this chapter, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine.
[Ord. 158, 6/19/1995, § 1-102]
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the content:
Means and include New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas Day.
Cylindrical portions of trees at least eight feet in length
with a diameter of at least four inches and in a natural shape cut
from trees located within the geographical boundary of the Township
of Lower Heidelberg.
Any natural person, individual, partnership, firm, corporation
or business entity.
The Township of Lower Heidelberg, Berks County, Pennsylvania.
All roads, streets or alleys accepted or laid out by the
Board of Supervisors of the Township of Lower Heidelberg but not any
federal or state highway within the Township.
[Ord. 158, 6/19/1995, § 1-103]
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. 158, 6/19/1995, § 1-104]
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repealed or superseded ordinances or regulations.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. 158, 6/19/1995, § 1-105]
The Board of Supervisors of the Township 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; and
(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.
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Such temporary and emergency regulations shall be enforced by
the Board of Supervisors and 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 regulations, 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.
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[Ord. 158, 6/19/1995, § 1-106]
The Board of Supervisors may, from time to time by resolution,
designate places upon and along the highways in the Township 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 or
park a vehicle or tractor in violation of any such regulation, prohibition
or restriction, 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 that the purpose
of this section is to allow for the test and experimental determination
of the feasibility and desirability of permanent changes in the ordinances
of the Township relative to traffic and parking.
[Ord. 158, 6/19/1995, § 1-107]
(a)
The Board of Supervisors shall have the authority to close or to
direct the road construction and maintenance foreman or the Chief
of Police to close any street or specific part of a street to vehicular
traffic and to place barriers or to 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.
The Board of Supervisors or its duly authorized delegate may erect
traffic controls, detour route signs and similar devices and signs
thereat. No person shall drive a vehicle on any such closed portion
or disregard, move, remove, relocate or in any manner interfere with
any sign, traffic control device or barrier so erected. Any barrier
erected hereunder shall have displayed conspicuously on it in letters
at least four inches high the following words "ROAD CLOSED" unless
the road is closed to all except local traffic, in which event written
instructions to that effect shall be displayed conspicuously on the
barrier in letters at least four inches high. The barriers shall be
placed in such a way that the aforesaid directional information contained
thereon shall face the traffic it is designed to stop and direct.
(b)
The Board of Supervisors 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. No person shall drive a vehicle upon any such restricted
traffic area at any time when the flagman displays a sign directing
vehicles to stop.
(c)
Any person who violates any provision of this section, upon conviction,
shall be sentenced to pay a fine of $25 and costs.
[Ord. 158, 6/19/1995, § 1-108]
(a)
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.
(b)
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 Township Secretary, 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 week 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.
(c)
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 Township Secretary, 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 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 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 reached the end of the route of the procession
and 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.
(d)
Any person who violates any provision of this section shall, upon
conviction, be sentenced to pay a fine of $25 and costs.
[Ord. 158, 6/19/1995, § 1-109]
The police officers of the Township are hereby authorized to
direct traffic on the streets within the Township, at intersections
thereof, in public parks and in other places where the Pennsylvania
Vehicle Code or this Ordinance applies and to otherwise enforce the
provisions of this chapter.
[Ord. 158, 6/19/1995, § 1-110]
The Township 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 Title 75,
Pa. C.S.A. § 3368.
This section authorizes the use of said devices upon all highways
within the Township, be they Township, 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. (1977) as hereafter amended, supplemented,
modified or reenacted by the General Assembly of Pennsylvania.
[Ord. 158, 6/19/1995, § 1-111]
For the safety and welfare of the public, municipal trucks are
exempt in the performance of Township duties.
[Ord. 158, 6/19/1995, § 1-112]
If any sentence, clause, section or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this chapter. It is hereby declared as the intent of the
Supervisors of the Township of Lower Heidelberg that this chapter
would have been adopted had such unconstitutional, illegal or invalid
sentence, clause, section or part thereof not been included herein.
