For the purpose of this Part 6, the following special definitions
shall apply:
Any object visible for 100 feet in clear weather that is
used to block off any area of a street or highway.
Any day other than a Sunday, Christmas Day, Thanksgiving
Day or New Year's Day; all other holidays shall be considered
business days.
The hours between 7:00 a.m. and 9:00 p.m. on any business
day.
Any abrasive material to be put on hard snow or ice areas,
including, but not limited to, cinder, sand, fine gravel, sawdust,
salt or fine crushed stone.
Those streets or roadways that are not snow emergency routes,
as defined in this section, and which are less than 30 feet wide between
curblines.
The Township Manager, or in his/her absence, the Chief of
Police.
Any person, partnership, co-partner, corporation, joint stock
company, syndicate, tenant, property owner (real and personal), occupant,
lessor or agent in control of a building.
Those streets designated and marked as such in accordance
with § 602(a) of this chapter.
The average of three or more readings in any area established
by the Director.
Any tires mounted on drive wheels of motor vehicles which
are specifically designed by the manufacturers to give effective traction
on snow, mud or ice-covered streets by means of extra-duty treads
with special high-traction patterns, except that no tire so defined
shall be construed to be a snow tire if it is worn to less than 3/16-inch
tread depth or is damaged or worn to the extent that its performance
would be substantially impaired.
Any hard metal chains mounted on drive wheels of motor vehicles
which cross the tread of each tire laterally in at least eight different
places.
The Township of Lower Heidelberg, Berks County, Pennsylvania.
[1]
Editor's Note: This ordinance also repealed former Part
6, Snow Emergency, adopted by Ord. 241, 12/20/2004, as amended.
[Ord. No. 358, 12/17/2018]
(a)
The following streets or portions of streets within the Township
are designated as snow emergency routes:
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Streets
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Atlantic Avenue
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Baltic Avenue
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Bayberry Lane
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Baywood Avenue
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Bittner Avenue
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Boardwalk
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Brownsville Road
|
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East Charles Street
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West Charles Street
|
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North Church Road
|
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East College Avenue
|
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West College Avenue
|
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Colorado Avenue
|
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Connecticut Avenue
|
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Daniel Street
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North Elm Street
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Erich Street
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Fairwood Avenue
|
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North Fairwood Avenue
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Firethorn Lane
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Foxtail Place
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Grande Boulevard
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Green Valley Road
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Harwood Lane
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Hill Terrace Drive
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Illinois Avenue
|
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Indiana Avenue
|
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Kentucky Avenue
|
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Laura Court
|
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Lengle Avenue
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Leslie Street
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Mediterranean Avenue
|
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New York Avenue
|
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North Carolina Avenue
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Pacific Avenue
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Park Place Drive
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Pennsylvania Avenue
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Pine Street
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Reber's Bridge Road
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Russell Street
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Ruth Street
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Sabrina Street
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Saddlebrook Drive
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St. Gian Court
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St. James Place
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State Hill Road
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States Avenue
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Stitzer Avenue
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Sweetwater Lane
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Tennessee Avenue
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Timberlake Lane
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Valley Court
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Ventnor Avenue
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Vermont Avenue
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Virginia Avenue
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East Wilson Avenue
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Wisteria Lane
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(b)
In order to assist operators of vehicles in determining the streets affected by this Part, the Director shall cause to be placed on poles along streets or portions of streets listed in Subsection (a) of this section signs complying with Pennsylvania Department of Transportation regulations to indicate that the street or portion of a street is a snow emergency route.
[Ord. No. 358, 12/17/2018]
(a)
Whenever the Director finds, on the basis of falling snow, sleet
or freezing rain, or on the basis of a forecast by the United States
Weather Bureau or other weather forecasting service of snow, sleet
or freezing rain, that weather conditions will make it necessary that
motor vehicle traffic be expedited and that parking or standing on
Township streets be prohibited or restricted for snowplowing and other
purposes, the Director shall put into effect a parking prohibition
on parts of or all snow emergency routes as necessary by declaring
it in a manner prescribed in § 608 of this chapter.
(b)
Notwithstanding the provisions of Subsection (a) of this section, a parking prohibition shall automatically go into effect on any part of a snow emergency route on which there has been an accumulation of snow and/or ice of four inches or more between 6:00 a.m. and 11:00 p.m.
(c)
Once in effect, a prohibition under this section shall remain in
effect until terminated by an announcement by the Director in accordance
with § 609 of this chapter, except that any street area
that has become substantially clear of snow and ice from curb to curb
for the length of an entire block shall automatically be excluded
from the prohibition under this section. Nothing in this § 603
shall be construed to permit parking at any time or place where it
is prohibited by law or by any other provision of this chapter.
[Ord. No. 358, 12/17/2018]
Whenever the Director finds, on the basis of the amount of snow
and after snow emergency routes have been opened, that parking on
common streets must be prohibited or restricted for snowplowing and
other snow removal purposes, the Director shall put into effect a
parking prohibition on parts or all of the common streets by giving
12 hours' advance notice in the manner prescribed by § 608
of this chapter. Those prohibitions and restrictions shall remain
in effect until terminated by the Director in accordance with § 609
of this chapter, except that any street area which has become substantially
clear of snow and ice from curb to curb for the length of an entire
block shall automatically be excluded from the prohibition or restriction.
[Ord. No. 358, 12/17/2018]
(a)
No person operating a motor vehicle on a snow emergency route on
which there is a covering of snow, sleet or ice shall allow that vehicle
to become stalled wholly or partly because its drive wheels are not
equipped with tire chains or snow tires providing effective traction.
(b)
No person operating a motor vehicle on a part of any snow emergency
route on which there is a covering of snow, sleet or ice or on which
there is a parking prohibition in effect shall allow that motor vehicle
to become stalled because the motor fuel supply is exhausted or the
battery has become inoperative.
(c)
No person shall operate a motor vehicle on any snow emergency route
on which there is a covering of snow, sleet or ice if that vehicle
does not have all windows clear of snow and ice.
(d)
No person shall operate a motorcycle, motor scooter or bicycle on
any snow emergency route on which there is a covering of snow or sleet,
consisting of one inch or more, or any presence of ice.
(e)
No person shall operate a motor vehicle without tire chains on any
snow emergency route on which there is a covering of snow, sleet or
ice more than eight inches in depth.
[Ord. No. 358, 12/17/2018]
(a)
Members of the Township Police Department are authorized to remove
a vehicle or have it removed from a street by utilizing the services
of a private towing company when:
(1)
The vehicle is parked on a part of a snow emergency route on
which a parking prohibition is in effect.
(2)
The vehicle is stalled on part of a snow emergency route on
which there is a covering of snow, sleet or ice and on which there
is a parking provision or other operating restriction in effect, and
the owner or person who is or was operating the vehicle does not appear
to be removing it, or it appears that the operator is not able to
remove it, in accordance with the provisions of this Part 6.
(3)
The vehicle is parked in violation of any parking provision
of the law or of this Part and is interfering with or is about to
interfere with snow removal operations.
(b)
The registered owner of the vehicle shall be responsible to reimburse
the towing company for all associated costs of removal, including
all towing, hookup, storage and impound fees. The registered owner
of the vehicle shall also be subject to any fine and court costs imposed
pursuant to § 613 of this Part.
[Ord. No. 358, 12/17/2018]
(a)
Whenever a vehicle becomes stalled for any reason, whether or not in violation of any other section of this Part 6, on any part of a snow emergency route or other Township street on which there is a snow emergency parking prohibition or restriction in effect and on which there is a covering of snow, sleet or ice, the person operating that vehicle shall take immediate action to move the vehicle by towing it or pushing it off that snow emergency route or other street either onto the first cross street which is not a snow emergency route or onto the public space portion of a nearby driveway. No person shall abandon or leave his or her vehicle in the roadway of a snow emergency route or other Township street on which there is a snow emergency parking prohibition or restriction in effect (regardless of whether he or she indicates, by raising the hood or otherwise, that the vehicle is stalled), except for the purpose of securing assistance during the actual time necessary to go to a nearby telephone or to a nearby garage, service station or other place of assistance and then to return without delay.
(b)
Any person in charge of a Township-owned vehicle shall have authority
to use that vehicle for pushing or otherwise moving any stalled vehicle
remaining in violation of this section, without the Township's
incurring liability for damage resulting to the vehicle.
[Ord. No. 358, 12/17/2018]
After the Director declares that a snow emergency exists, such
declaration shall be announced publicly by means of a radio and/or
television message requested to be broadcast from any radio or television
station with a normal operating range covering the Township. The Director
shall also utilize any available Internet and social medial platforms
to convey the snow emergency announcement, including but not limited
to the Township's Internet home page. The Director may also have
the declaration announced further in newspapers of general circulation
in the Township when feasible. Each announcement shall describe the
action taken by the Director, including the time it became or will
become effective, and shall describe the streets or areas affected,
its parking prohibition or restrictions and other traffic regulations
declared by the Director, which shall not go into effect until at
least two hours after the first announcement.
[Ord. No. 358, 12/17/2018]
Whenever the Director finds that some or all of the conditions which gave rise to a parking prohibition or restriction in effect under this Part 6 no longer exist, he/she shall declare the prohibition or restriction terminated in the manner prescribed for announcements by § 608 for declaration of the snow emergency, and the termination shall become effective immediately upon announcement.
[Ord. No. 358, 12/17/2018]
(a)
In addition to the signs referred to in § 602(b) of this
chapter, the Director may have special signs or placards placed to
indicate that a snow emergency is in force and any special parking
restrictions in effect during that emergency.
(b)
The Township Manager and the Chief of Police (and their respective
designees) are jointly authorized to barricade any street and to redirect
traffic whenever necessary to plow, clear or otherwise remove snow.
It shall be unlawful for any person to drive a vehicle around, through
or over any such barricade.
(c)
Upon orders of the Director, Township-controlled or operated-equipment
may be driven or operated in any direction upon any street.
[Ord. No. 358, 12/17/2018]
Whenever any motor vehicle is found parked, left or otherwise in violation of any provisions of this Part 6, notice of the violation shall be given in the same manner as provided for parking violations under other Parts of this chapter.
[Ord. No. 358, 12/17/2018]
In any prosecution with regard to a vehicle parked, left or
otherwise in violation of any provision of this Part, proof that the
particular vehicle described in the complaint was parked, left or
otherwise in violation of a provision of this Part, together with
proof that the defendant named in the complaint was at the time the
registered owner of such vehicle, shall constitute prima facie evidence
that the defendant was the person who parked, left or otherwise operated
the vehicle in violation of this Part.
[Ord. No. 358, 12/17/2018]
(a)
If at any time during a period of snow emergency declared under § 608 of this chapter a person shall park a motor vehicle or allow a motor vehicle to remain parked anywhere upon a snow emergency route, that person shall be guilty of a violation of this Part 6 and, upon conviction, shall be sentenced to pay a fine of not more than $75 plus costs.
(b)
If at any time during a period of snow emergency declared under § 608
of this chapter a person shall operate a motor vehicle upon a snow
emergency route without having that vehicle equipped with snow tires
or tire chains, or shall allow it to become stalled in violation of
§ 607 of this chapter, that person shall be guilty of a
violation of this Part and, upon conviction, shall be sentenced to
pay a fine of $75 plus costs.
[Ord. No. 358, 12/17/2018]
If any sentence, clause, section or part of this Part 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 Part. It is hereby declared as the intent of the
Board of Supervisors of Lower Heidelberg Township that this Part would
have been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included herein.
