[HISTORY: Adopted by the Board of Supervisors
of the Township of Independence as indicated in article histories.
Amendments noted where applicable.]
[Adopted 9-15-1992 by Ord. No. 93-2[1]]
[1]
Editor's Note: This article was adopted as Ord. No. 93-2;
the correct ordinance number is Ord. No. 92-4.
A.
Words and
phrases, when used in this article, except for sections to which different
or additional definitions apply, shall have the meanings ascribed
to them in the Pennsylvania Motor Vehicle Code, as amended (Title
75), except that, in this article, the word "street" shall be used
interchangeably with the word "highway," "road," and the like, and
shall have the same meaning as the word "highway" as defined in the
Motor Vehicle Code.
B.
The term
"legal holidays" as used in this article shall mean and include: New
Years' Day, Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day, and Christmas Day.
C.
In this
article, the singular shall include the plural, the plural shall include
the singular, and the masculine shall include all genders.
All traffic and parking regulations of a permanent
nature shall be enacted as ordinances, as amendments to ordinances,
as parts of ordinances, except where the law specifically authorizes
less formal action. Future designation of restrictions as to parking
on specific streets shall be done by resolution.
This article repeals the Campbell Street Ordinance
of 1958 and amends and/or repeals those provisions of the Enforcement
Ordinance as pertain to penalty and/or punishment.
A.
The Board of Supervisors shall have the following
powers to regulate traffic and parking temporally and in time of emergency:
(1)
In
the case of fire, flood, storm or other emergencies, to establish
temporary traffic and/or parking regulations; and
(2)
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.
B.
Such temporary and emergency regulations shall become
effective when mandated by any one individual supervisor and shall
be enforced by the Code Enforcement Officer 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 penalties set forth in the ordinance elsewhere
for a violation thereof and, in the case of a violation for which
no specific penalty is set forth in the law or elsewhere in this article,
the fine of not more than $300 and not less than $25 together with
costs of prosecution.
[Amended 5-16-2012; 5-21-2014]
C.
Future designation of specific streets as to parking
restrictions shall be done by resolution.
In addition to the above terms and conditions,
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 enforced 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 article. 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 penalties set forth in the law or elsewhere
in this article for a violation of such nature, and in the case of
a violation for which no specific penalty is set forth in the law
or elsewhere in this article, to a fine of not more than $300 and
not less than $25 together with costs of prosecution; provided, 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.
A.
The Board
of Supervisors shall have authority to close any street or any specific
part of a street to vehicular traffic and to parking and to place
barriers or station police officers or the Code Enforcement Officer
thereat, while construction or maintenance work in underway 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 or
to park the same thereon.
[Amended 5-16-2012; 5-21-2014]
B.
Any person who violates any provision of this section
shall, upon conviction, be sentenced to pay a fine of not more than
$300 and not less than $25 plus costs.
A.
The Board of Supervisors shall have the authority
to establish a restricted traffic area upon any street where construction
or maintenance work is underway 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 or to park thereon
at any time when the flagman is displaying a sign directing that vehicle
to stop, or signaling that vehicle, by flag or other device not to
proceed and/or advises the operator of said vehicle to remove the
same from said street.
B.
Any person who violates any provision of this section,
shall upon conviction, be sentenced to pay a fine of not more than
$300 and not less than $25 plus costs.
[Amended 5-16-2012; 5-21-2014]
The police officers of the Commonwealth of Pennsylvania
and/or State Police officers are authorized and empowered to enforce
this article in addition to the Code Enforcement Officer.
Wherever a space is marked off on any street
for the parking of an individual vehicle, every vehicle parked there
shall be parked wholly within the lines bounding that space, and it
shall be a violation of this article for any person to park a vehicle
or allow it to remain parked otherwise.
Only angle parking shall be permitted on the
following streets and/or portions thereof: on all streets where angle
parking is required, every vehicle parked at the angle shall be parked
with its front nearest the curb.
Parking shall be prohibited at all times in
the following locations:
A.
Whenever indicated by no parking signs that state:
"No parking here to corner";
B.
No parking shall be permitted on the below listed
streets and/or on the sides thereof as indicated below when the same
have been posted with signs that state: "No parking", "No parking
this side", or otherwise indicates that there is no parking in a specific
area or on a specific street.[1]
[1]
Editor's Note: So in original.
Parking shall be prohibited in the following
locations on the days and between the hours indicated, as follows:[1]
[1]
Editor's Note: So in original.
It shall be unlawful for any person to park,
or to allow to remain parked, on any of the following streets or parts
of streets, any vehicle other than a passenger car (which shall not
include any bus, motor home, or passenger attached to a trailer of
any kind):
No person shall park a vehicle, or allow it
to remain parked, in any space indicated for handicapped parking only
unless the subject vehicle has valid handicapped license plates.
A.
Any person
who violates any provision of this article, unless specified otherwise
herein, shall upon conviction thereof, be sentenced to pay a fine
of not more than $300 and not less than $25 plus costs. The above
terms and conditions notwithstanding as pertains to any and all violations
provided for in this article, the fine for said violation shall be
five $5 if paid to the Code Enforcement Officer or the Township Secretary
within 24 hours of the occurrence.
[Amended 5-16-2012; 5-21-2014]
B.
Any violation
that occurs for a period in excess of one hour shall be considered
a separate violation. Any person who violates a parking regulation
for a period in excess of 24 hours shall also be subject to the remedies
and sanctions contained herein below pertaining to removal and impoundment
of illegally parked vehicles and therein shall addition to the fines
and costs imposed in this section, or otherwise, shall be subject
to the same sanctions or penalties as contained herein below.[1]
[1]
Editor's Note: Original Sec. 20, regarding
removal of abandoned vehicles, which previously followed this section,
was repealed 9-15-2010 by Ord. No. 10-01.
[Amended 5-16-2012; 5-21-2014]
Whenever the Code Enforcement Officer or any
police officer finds a vehicle in violation of any of the provisions
of § 3351 of the Pennsylvania Motor Vehicle Code (relating
to stopping, standing and parking outside business and residence districts),[1] the Officer may move the vehicle, or cause the vehicle
to be moved, or require the driver or other person in charge of the
vehicle to move the vehicle, to a position off the roadway where the
vehicle will not interfere unduly with the normal movement of traffic
or constitute a safety hazard. Any police officer or the Code Enforcement
Officer may remove or cause to be removed to a place of safety any
unattended vehicle illegally left standing upon any highway, bridge,
causeway or in any tunnel, in such position or under such circumstances
so as to interfere unduly with the normal movement of traffic or constitute
a safety hazard.
[1]
Editor's Note: See 75 Pa.C.S.A. § 3351.
[Amended 5-16-2012; 5-21-2014]
Any police officer or Code Enforcement Officer
may remove or cause to be removed to the place of business of the
operator of a wrecker or to a nearby garage or other place of safety
any vehicle found upon the highway under any of the following circumstances:
A.
Report has been made that the vehicle has been stolen
or taken without the consent of its owner.
B.
The person or persons in charge of the vehicle are
physically unable to provide for custody or removal of the vehicle.
C.
The person driving or in control of the vehicle is
arrested for an alleged offense for which it is required by law to
take the person arrested before an issuing authority without unnecessary
delay.
[Amended 5-16-2012; 5-21-2014]
Prior to removal of a vehicle, notice thereof
shall be given to the owner as required herein:
A.
Prior to removal of an abandoned vehicle bearing a
registration plate, certificate of inspection or vehicle identification
number plate by which the last registered owner of the vehicle can
be determined, the police department or the Code Enforcement Officer
shall send a notice by certified mail to the last registered owner
of the vehicle informing the owner that unless the vehicle is moved
to a suitable location within seven days of the date notice is mailed,
the vehicle shall be removed under this section and held at a suitable
facility where it may be reclaimed by the owner in accordance with
the provisions of § 7306 of the Pennsylvania Motor Vehicle
Code.[1] If the abandoned motor vehicle does not bear an identifiable
registration plate, certificate of inspection, or vehicle identification
number plate, the notice may be secured to the vehicle. If within
the seven-day period, the owner so requests, the owner shall be given
an opportunity to explain to the police office or Code Enforcement
Officer why the owner believes the vehicle should not be removed.
If the police officer or Code Enforcement Officer determines that
the vehicle shall, nonetheless, be removed, the owner shall be given
an additional 48 hours to remove the vehicle, have it removed or demand
a hearing, which shall conform to the requirements of 2 Pa.C.S.A.,
Chapter 5, Subchapter B. The police officer or department shall inform
the owner of the right to a hearing by delivering to the owner a notice
warning that the owner, unless the vehicle is removed or a hearing
is demanded, that the owner shall be subject to the provisions of
§ 7306 of the Pennsylvania Motor Vehicle Code. If as a result
of the hearing, it is determined that the vehicle will be removed,
the owner shall be given an additional 48 hours to remove the vehicle
or have it removed. The hearing shall be before the Township Board
of Supervisors. The provision for notice set forth in this section
is applicable only if the vehicle is abandoned upon the highway and
is not in violation of Subsection (b) or § 3351(a) or 3353
of the Vehicle Code.[2] Notice under this provision is in addition to any other
notice requirements provided by the Vehicle Code.
In order to claim a vehicle, the owner shall
pay towing and storage costs, plus a fee of $50, of which $10 shall
be transferred to the Pennsylvania Department of Transportation by
the garage to which the vehicle was taken. This shall be in addition
to any and all fines or other costs incurred by the owner or driver
thereof.
The payment of any towing and storage charges
authorized by this article shall, unless payment is made under protest,
be final and conclusive, and shall constitute a waiver of any right
to recover the money so paid. If payment of any towing or storage
charges is made under protest, the offender shall be entitled to a
hearing before a district justice. Payment of towing and storage charges
shall not relieve the owner or driver of any vehicle from liability
for any fine or penalty for the violation of the provision of this
article for which the vehicle was removed or impounded.
[Adopted 12-17-1997 by Ord. No. 97-3]
A.
Words
and phrases, when used in this article, except for Sections to which
different or additional definitions apply, shall have the meanings
ascribed to them in the Pennsylvania Motor Vehicle Code except that,
in this article, 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 Pennsylvania Motor Vehicle Code.
B.
In this
article, the singular shall include the plural, the plural shall include
the singular and the masculine shall include the feminine.
All traffic regulations of a permanent nature
shall be enacted as ordinances, as parts of ordinances, as amendments
to ordinances, or as amendments to this article, except where the
law specifically authorizes less formal action, including but not
limited to resolutions.
The Pennsylvania State Police and any other
police official or officer providing police services in the Township,
including but not limited to Township police, are authorized to use
all mechanical or electrical speed-timing devices for the determination
of speed of a motor vehicle as are approved or are subsequently approved
by the Pennsylvania Department of Transportation, including but not
limited to ESP, VASCAR, and radar. 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 provide for the exercise
of all powers granted to local authorities under the Pennsylvania
Motor Vehicle Code.
The Township Supervisors are hereby authorized
and empowered, by resolution, to establish maximum speed limits for
such roads, streets, or highways and/or portions thereof as the Supervisors
shall determine to be appropriate.
Any person who violates any provision of this
article shall, upon conviction, be sentenced to pay a fine of not
less than $35 and, in addition thereto, any person exceeding the maximum
speed limit by more than five miles per hour shall pay an additional
fine of $2 per mile for each mile in excess of five miles per hour
over the maximum speed limit plus court costs and/or upon failure
to pay said fine or penalty, be subject to incarceration and/or suspension
of operating privileges pursuant to the Rules and Regulations of the
Pennsylvania Department of Transportation and/or the Pennsylvania
Motor Vehicle Code.
To the extent that the Pennsylvania Motor Vehicle
Code and/or the Rules and Regulations of the Department of Transportation
are in conflict with the provisions and/or portions of this article,
now or in the future, the contents of the Motor Vehicle Code and/or
the Rules and Regulations shall be given precedence. Therein, and
not by way of limitation, any other fines, costs and/or penalties
that may otherwise be imposed or proscribed shall be in addition to
any and all fines and costs as otherwise contained herein.
Any and all maximum speed limits designated
and/or established for a designated highway or portion thereof, shall
be posted and/or displayed in conformity with the Rules and Regulations
of the Pennsylvania Department of Transportation and/or the Pennsylvania
Motor Vehicle Code.
