This article shall be known and designated as the "Traffic Control
Ordinance of the Borough of Baldwin."
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Baldwin.
The Council of the Borough of Baldwin.
Any road or thoroughfare situated in the Borough which has
been accepted and opened as a public road or which the Borough has
assumed maintenance and control over.
The same meaning as ascribed to it in the Vehicle Code of
the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
All traffic control and parking regulations shall hereafter
be adopted by resolution of the Council. The Councilmen, the Mayor
and Chief of Police shall, from time to time, recommend regulations
and restrictions to the Council and request that certain streets are
designated by Council to be posted with appropriate traffic or parking
signs. The regulations and restrictions adopted from time to time
by Council regulating traffic and parking on streets within the Borough
shall have the same force and effect as though incorporated specifically
herein.
Resolutions shall recite that they are being adopted pursuant
to this article and shall be recorded in a book to be provided for
such purpose, which book shall be available in the office of the Department
of Police for public inspection. In addition, signs setting forth
the restrictions and regulations thus established by resolution shall
be erected at appropriate places upon the streets of the Borough.
No resolution shall become effective until after an appropriate
sign has been placed upon the street affected by the restriction or
regulation. Where regulated by the Pennsylvania Motor Vehicle Code,
the signs shall be erected in conformity therewith, otherwise signs
shall be conclusively presumed to be regular in form and properly
placed.
The Chief of Police shall have the following powers to regulate
traffic and parking temporarily and in time of emergency, in case
of accident, fire, flood, storm, civil disturbances, time of war or
other such emergency:
[Amended 12-21-1981 by Ord. No. 519]
The Council may, from time to time by resolution, designate
certain streets and developments in the Borough to be subject to any
one or more of the following types of regulations and restrictions:
A.
One-way streets.
B.
Speed limits.
C.
Stop signs.
D.
Traffic control lights.
E.
No left turns, no right turns or no turns.
F.
Parking regulations, including prohibiting parking on either one
side or both sides of a street.
G.
Fire lanes.
H.
Safety zones, pedestrian and crosswalks.
I.
Parking regulations, including prohibiting parking on either side
of a fire lane or of an area designated as through traffic, and establish
speed limits within the same or any other portion of a parking area
of a shopping center, industrial development or residential apartment
development or complex, and the Council may establish fire lanes in
any such areas and prohibit parking or the obstruction of the same
in any manner by vehicles.
J.
Any other regulation or restriction not unlawful or beyond the power
of the Council to adopt.
[Added 10-18-2016 by Ord.
No. 874[1]]
A.
It shall be unlawful to park on residential streets in the Borough
of Baldwin any commercial motor vehicle, trailer, nonmotorized vehicles
or trailers designed to be or actually attached or connected to a
motor vehicle, recreational vehicle, including but not limited to
boats, boat trailers, utility trailers, campers, travel trailers or
any similar vehicle, the overall length of which is in excess of 20
feet, and/or exceeds 10,000 pounds gross vehicle weight. The measurement
of detached trailers, campers and/or other nonmotorized vehicles,
as it relates to the length/weight limit, includes the measurement
of a towing vehicle, whether presently attached or not.
B.
Commercial and recreational vehicles, as defined in Subsection A, are hereby prohibited from being parked on residential streets in the Borough of Baldwin, except for local deliveries or services to or for residents, for improvements or repairs needed by residents or intended for use of a resident, which vehicles are customarily and ordinarily used in providing such services or repairs, or if engaged in a business activity, which parking shall be reasonably limited as to time and to the nature of the business activity, services or repairs. Additionally, the prohibitions contained herein shall not apply to the stopping, standing or parking of firefighting equipment or other emergency vehicles, nor shall this section apply to the parking of vehicles of public utilities or contractors while engaged in the repair, maintenance or construction of streets or utilities within the Borough.
C.
Parking of vehicles with commercial signage painted on, or otherwise
affixed to said vehicle, on residential streets, is limited to one
vehicle per residential structure.
D.
Parking of commercial and recreational vehicles is permitted in a garage or private driveway as long as such parking conforms to the provisions of Article III of this chapter.
(1)
Persons living on residential streets who do not have a legal driveway
or parking pad shall be allowed to park on a residential street and
are exempted from the prohibitions set forth above; provided, however,
such residents must apply for a permit issued by the Borough for permission
to park said vehicle(s) on the street. The Borough shall from time
to time, by resolution, maintain procedures and rules regarding the
issuance of such permits.
E.
The Baldwin Borough Police Department is hereby authorized to make
determinations of violations of this section and to enforce provisions
of this section.
F.
Any person violating any provision of this section shall be fined
$100. A separate offense shall be deemed committed each day during
or on which a violation occurs or continues.
[1]
Editor's Note: This ordinance also repealed former § 154-8,
Vehicle weight limits on residential streets, added 1-19-1976 by Ord.
No. 464.
[Amended 10-15-1973 by Ord. No. 441]
Any person violating any provisions of this article or any regulation
or restriction hereinafter adopted by resolution pursuant hereto shall,
upon conviction thereof in any summary proceeding before any District
Magistrate, be sentenced to pay a fine according to the schedule of
fines set forth in the Motor Vehicle Code of the Commonwealth of Pennsylvania,[1] or as it may be amended, and costs of prosecution, and
in default of payment of such fines and costs, shall undergo imprisonment
for a period not exceeding 10 days. Each day an offense continues
shall be considered a separate offense. In the event that the amount
of the fine is not set forth in the schedule of fines referred to
hereinbefore, then the District Magistrate may impose a fine of not
more than $50 to be collected by summary conviction as fines and penalties
are by law collected.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
A.
Police officers of the Borough are hereby authorized to remove and
impound or order the removal and impounding of any vehicle found violating
the provisions of this article or any restriction or regulation adopted
by resolution of the Council pursuant hereto or any abandoned motor
vehicle as defined in Section 102 of the Pennsylvania Motor Vehicle
Code.[2]
[2]
Editor's Note: See 75 Pa.C.S.A. § 102.
B.
Vehicles thus impounded shall be impounded and towed only in and
by garages which shall be approved by separate resolution of the Borough
Council of the Borough of Baldwin. No garage shall be approved by
resolution until it shall have provided a bond to the Borough of Baldwin
indemnifying the owner of such impounded vehicle against the loss
thereof, or injury or damage thereto, while in the custody of such
poundkeeper. The Borough shall from time to time by resolution designate
an amount which it considers adequate for such protection.
[Amended 11-19-1973 by Ord. No. 442]
C.
The Borough shall from time to time by resolution designate specific
towing and storage charges.
D.
Within 12 hours from the time of the removal of any such vehicle,
the Chief of Police of the Borough of Baldwin shall give notice of
the fact that such vehicle has been impounded to the owner of record
of such vehicle, designating the place from which said vehicle was
removed, the reason for its removal and impounding, and the pound
in which it has been impounded.
E.
The payment of such charges shall be determined from time to time pursuant to the provisions of Subsection C (fixing of charges) hereof shall be final and conclusive and shall constitute a waiver of any right to recover the money so paid, unless such payment shall be made under protest. In the event that the charges are paid under protest, the owner or offending person shall be entitled to a hearing before a District Justice or court of record having jurisdiction pursuant to the provisions of the Motor Vehicle Code of 1959, Act of June 11, 1963, P.L. 118, Section 1.[3]
[3]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
