A.
Words and phrases, when used in this chapter, except
for sections or articles 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. (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 have
the same meaning as the word "highway" as defined in the Vehicle Code.
B.
The term "legal holidays," as used in this chapter,
shall mean and include New Year's Day, Martin Luther King Day, Presidents'
Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving
Day and Christmas Day.
[Amended 3-10-2005 by Ord. No. 2032]
C.
The term "handicap" shall refer solely to those persons
or individuals who have secured a handicap vehicular registration
plate or handicap placard or who have secured a disabled veteran registration
plate or disabled veteran placard from the Pennsylvania Department
of Transportation in accordance with the Pennsylvania Vehicle Code.
D.
In this chapter, the singular shall include the plural,
the plural shall include the singular, and the masculine shall include
the feminine.
All traffic and parking regulations of a permanent
nature shall be enacted as ordinances or as parts of ordinances or
as amendments to ordinances of the Borough of Carlisle.
A.
The Mayor or Borough Manager shall have the following
powers to regulate traffic and parking temporarily and in time of
emergency:
[Amended 3-10-2005 by Ord. No. 2032]
(1)
In the case of fire, flood, storm or other emergency,
to establish temporary traffic and/or parking regulations.
(2)
In the case of emergency public works or public events
of limited scope or duration, to restrict or prohibit traffic and/or
parking in limited areas for periods of not more than 72 hours.
B.
These temporary and emergency regulations shall be
enforced by the Mayor and the police in the same manner as permanent
regulations. Any person who drives or parks a vehicle 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 liable to
the penalty set forth in the law or elsewhere in this chapter for
a violation of such nature.
C.
The Borough Council shall have the authority to pass
a resolution or ordinance prohibiting parking on streets, avenues,
alleys and other highways in the Borough where the area has been marked
or posted with temporary "No Parking" signs at least 24 hours in advance
by police or other employees of the Borough. Any person who shall
violate this subsection shall, upon conviction thereof, be sentenced
to pay a fine of not less than $25 and the costs of towing the vehicle
out of said prohibited area along with the costs of prosecution. In
default of payment of such fine and costs, not caused by indigency,
such person shall be sentenced to imprisonment for a period of not
more than five days. The foregoing notwithstanding, the Borough Manager
or his or her designee shall have the authority to modify special
event parking prohibitions established through ordinance of Council
by allowing parking on such streets or parts of such streets when
in his or her discretion, circumstances warrant such modification.
In the event the Borough Manager is not available, the Assistant Borough
Manager or the individual serving as Interim Borough Manager shall
have the authority to modify the special event parking prohibitions.
If special event parking prohibitions are modified in accordance with
this subsection, any temporary "no parking" signs shall be removed
from those areas of streets where special event parking prohibitions
have been modified.
[Added 12-8-1988 by Ord. No. 1607, approved 12-8-1988; amended 3-10-2005 by Ord. No. 2032, approved 3-10-2005; 10-10-2019 by Ord. No.
2345, approved 10-10-2019]
(1)
The police officers making such report shall also
attach to every such vehicle a notice that such vehicle was parked
in violation hereof, which notice shall contain instructions to the
owner or driver of such vehicle that, if he or she shall report to
the Chief of Police and pay, for the use of the Borough, the sum of
$15 within 72 hours after the time of such notice, or mail such amount
within such period to the Police Department, the same shall save such
violators from prosecution and from payment of costs pertaining to
prosecutions. The owner or driver shall be liable for the necessary
postage if he or she mails such amount.
A.
The Borough Council may, from time to time, designate
places upon and along the streets in the Borough 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 those locations by proper signs and markings. Such regulations,
prohibitions and restrictions shall be effective just as if they had
been specified in this chapter. No person shall drive or park a vehicle
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
violates any provision of this section shall, upon conviction, be
liable to the penalty set out in the law or elsewhere in this chapter
for a violation of such nature.
B.
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 relative to traffic
and parking.
[Amended 11-10-1994 by Ord. No. 1788]
A.
The Borough Manager or designee 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 maintenance work is under way. It
shall be unlawful for any person to drive a vehicle upon any such
closed portion.[1]
B.
The Borough Manager or designee 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.[2]
C.
The Borough Council shall have authority to close
any street or specific part of a street or sidewalk and to place barriers
or station police officers at each end of the closed area while a
special event is being conducted on the closed area. For any such
special event, the following shall apply:
(1)
PERSON
SPECIAL EVENT
STREET
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any individual or group of individuals, association, partnership,
firm or corporation. The singular shall include the plural, and the
masculine shall include the feminine and the neuter.
An occasion requiring the occupation of streets or sidewalks for purposes other than normal pedestrian or vehicular traffic and for which purposes Chapter 163, Parades, of this Code is inapplicable. A demonstration or procession, as those terms are defined in Chapter 163 of this Code, or a march shall not be considered a "special event."
A public right-of-way or portion thereof intended for general
public use to provide means of travel for vehicles and pedestrians.
The word "street" shall include the words "street," "avenue," "road,"
"highway", "thoroughfare," "way," "drive," "lane," "court," "cul-de-sac"
and "alley" but shall not include "driveway" or "sidewalk."
(2)
Approval required. No special event shall be conducted
by any person upon any street or sidewalk in the Borough of Carlisle
without first obtaining approval from the Borough Council. No person
shall participate in a special event prior to full compliance with
the provisions of this section.
(3)
Approval application.
(a)
The application for approval of a special event
shall be made on a form prescribed by the Borough and shall be filed
with the Borough at least 45 days in advance of the special event.
No fee shall be charged for such approval; however, all costs set
forth herein shall be paid.
(b)
The following information shall be given on
said application:
[1]
The name, address and telephone number of the
person seeking to conduct such special event and requesting the approval.
[2]
If other than a natural person, the names, addresses
and telephone numbers of other persons of responsibility seeking to
conduct such special event and requesting approval.
[3]
The name, address and telephone number of the
person or persons who will be in charge of and who will be responsible
for its conduct.
[4]
A concise statement of the purpose of the special
event.
[5]
The proposed date of the special event.
[6]
The hours during which such special event shall
be conducted.
[7]
The streets or sidewalks in or upon which the
special event will be conducted.
(4)
Conditions.
(a)
The Borough Council, upon recommendation of
the Borough Manager, shall have full authority to determine the personnel,
supplies, equipment and insurance requirements necessary to protect
the general public and special event participants. The applicant shall
be bound by all such conditions of approval.
(b)
It is the policy of the Borough of Carlisle
not to subject its taxpayers to payment of costs associated with any
special event not sponsored by the Borough Council. Therefore, direct
costs incurred by the Borough to control traffic or crowds as a result
of a special event not sponsored by the Borough shall be borne by
the applicant. Costs shall be limited to direct out-of-pocket expenses
incurred by the Borough such as, but not limited to, wages paid to
Borough employees, special fire police wages and the cost of temporary
sign and barricade rentals. No approval shall be issued until all
costs for prior special events approved for the applicant shall have
been paid in full.
(5)
Limitations on approval. No approval granted hereunder
shall authorize or excuse any breach of the law or any trespass upon
the rights of others or render the Borough of Carlisle liable for
any damage committed or caused under color thereof.
(6)
Revocation of approval. The Borough Manager may at
any time revoke any approval if there shall have been committed any
breach of the terms and conditions under which the same was issued
or a violation of the terms of this section, upon giving to the person
to whom the approval was issued notice of such revocation. From the
time of such notice of revocation, any act done under color of such
approval shall subject the person doing or allowing it to be done
to the same penalty as if he or she had done such act without such
approval.
(7)
Violations and penalties. Any person who shall violate
any of the provisions of this section shall, upon conviction thereof,
for each and every offense be sentenced to pay a fine of not less
than $300 for each violation. Each day's violation of any of the provisions
of this section shall constitute a separate offense.
The police shall have authority to direct traffic
on the streets in the Borough, at intersections in public and in other
places where the Vehicle Code or this chapter applies.
