[Amended 5-26-1993 by Ord. No. 93-9; 8-24-1994 by Ord. No.
94-9]
A. Words and phrases, when used on this chapter, shall
have the meanings ascribed to them in the Vehicle Code of Pennsylvania,
as now in force or as hereafter amended, enacted, reenacted or supplanted,
except where the context clearly indicates a different meaning.
B. The term "legal holidays," as used in this chapter,
shall mean those holidays observed by the Borough of Chambersburg
and includes New Year's Day, Martin Luther King Day, President's Day,
Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day,
Thanksgiving Day and Christmas.
[Amended 2-14-2005 by Ord. No. 2005-4]
C. In this chapter, the singular shall include the plural,
the plural shall include the singular, and the masculine shall include
the feminine.
D. As used in this chapter, the following terms shall
have the meanings indicated:
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
PERMIT
A residential parking permit.
RESIDENTS
Persons residing in a dwelling unit abutting the portions of the streets set forth in §
286-36 hereof.
TRADESPERSON
[Amended 11-19-2018 by Ord. No. 2018-13]
(1)
Any commercial entity which, as a part of its main purpose,
conducts those activities requiring manual or mechanical labor (i.e.,
carpenters, plumbers, electricians, cleaners, etc.}, as long as fully
licensed pursuant to applicable laws; or
(2)
Any commercial entity that acts in an official capacity as a
landlord or rental management company, so registered with the Borough
of Chambersburg; or
(3)
Any nonprofit company which participates in the delivery of
meals/food to indigent or at-risk populations; or
(4)
Any nurse or health care practitioner who, as a part of their
delivery of medical services, conducts home health visits.
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 Chambersburg.
[Amended 6-14-1978 by Ord. No. 78-16; 6-14-1989 by Ord. No.
89-7; 12-12-2016 by Ord. No. 2016-14]
A. Emergency powers of the Mayor. The Mayor shall have the following
powers to regulate traffic and parking temporarily and in time of
emergency:
(1) In the case of fire, flood, storm, snow, or other emergency, to establish
temporary traffic and/or parking regulations.
(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. Enforcement of emergency powers. Such temporary and emergency regulations
shall be enforced by the Mayor 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 liable to the penalty set forth in the
law or elsewhere in this chapter for violation of such nature.
C. Snow events.
(1) Definitions. As used in this section, the following terms shall have
the meanings indicated:
SNOW
Any precipitation depositing any accumulation on the streets
of the Borough of Chambersburg, including snow, sleet, hail, ice or
freezing rain.
SNOW EMERGENCY
A state declared as herein described under which highway
conditions are hazardous and dangerous to the vehicular and pedestrian
traffic.
SNOWSTORM
Any weather condition in which any accumulation of snow or
sleet greater than two inches has fallen or is predicted to fall,
or in which there has been predicted to fall, or in which there has
been or predicted, any accumulation of ice.
D. Snow emergencies. In order to facilitate the movement of traffic
and to combat the hazards of snow and ice on the streets and roads
of this Borough, the Mayor in his or her discretion may declare a
snow or ice emergency hereinafter referred to as "snow emergency."
Information on the existence of a snow emergency shall be given by
the Borough through radio, newspaper, or available media, and information
regarding the termination of the emergency shall be given by the use
of the same media. After any SNOW EMERGENCY is declared, it shall
be unlawful, at any time during the continuance of the emergency,
for any person:
(1) To park a motor vehicle or to allow that vehicle to remain parked anywhere on any snow emergency route designated in Subsection
D(3) hereof following, or
(2) To drive any motor vehicle on any such snow emergency route, unless
that vehicle is equipped with snow chains or snow tires.
(3) The following are designated as snow emergency routes:
(a)
North 7th Street: Lincoln Way to Montgomery Avenue.
(b)
North Coldbrook Avenue: Lincoln Way to Nelson Street.
(c)
Nelson Street: North Coldbrook Avenue. to Chambersburg Hospital.
(4) If a motor vehicle is illegally parked pursuant to the provisions of Subsection
D(1) above, each day it shall remain so parked shall constitute a separate offense subject to separate fines. The motor vehicle owner and/or the driver of the motor vehicle may be charged with the violation.
E. During any snowstorm, any motor vehicle operated upon any Borough
road, street or alley which shall become stalled upon said road, street,
or alley is subject to being towed by the order of the Borough Police,
and all costs associated with the removal of the vehicle from the
Borough road, street or alley shall be the sole responsibility of
the vehicle owner.
F. Violations and penalties.
(1) If at any time during a period of snow emergency declared under this section a person shall park a motor vehicle or allow a motor vehicle to remain parked anywhere along a snow emergency route, the person shall be in violation of this section and, upon conviction, shall be subject to a fine as set forth in Subsection
I below.
(2) If, at any time during a period of snow emergency declared under this section, a person shall drive a motor vehicle upon a snow emergency route, without having that vehicle equipped with snow tires or snow chains plus adequate equipment to provide sufficient traction to keep such vehicle in motion so that other traffic on such roadways will not be blocked or impeded, that person shall be guilty of a violation of this section, and, upon conviction, shall be subject to a fine as set forth in Subsection
I below.
(3) Any person who operates a motor vehicle upon any road or street or portion thereof listed in Subsection
D(3) above, which vehicle shall become stalled upon any of the roads, streets or portions thereof listed above during a period of emergency declared as provided by this §
286-3, if such stalling shall have been by reason of failure to have such vehicle equipped with the equipment prescribed in §
286-3F(2) above, shall be guilty of a violation of this section.
G. The Borough Police are hereby authorized to have any vehicles parked in violation of this article or any vehicle which may have become stalled as provided in §
286-3F(3) above removed from Borough roads, streets, or alleys at the expense of the owner.
H. In order to assist operators of motor vehicles in determining the highways affected by this section, there shall be placed, on signs on the roads and streets designated in §
286-3D(3) above, signs reading as follows:
SNOW EMERGENCY ROUTE
SNOW TIRES OR CHAINS REQUIRED
NO PARKING DURING EMERGENCY
VEHICLES TOWED AWAY
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I. Unless another penalty is expressly provided by the Pennsylvania
Vehicle Code, any person who shall be convicted of violating or failing
to comply with the provisions of § 286-83 before any Magisterial
District Justice shall be punishable by a fine of not more than $300,
together with costs of prosecution and costs for towing and storing
the vehicle(s).
The Borough Council may, from time to time,
designate places upon and along the highways 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 such 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 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 liable to the penalty set
forth in the law or elsewhere in this chapter for a violation of such
nature, 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 Borough relative to
traffic and parking.
The peace officers of the Borough are hereby
given authority to direct traffic on the highways of the Borough and
at intersections thereof.
[Amended 9-22-2014 by Ord. No. 2014-08]
Tickets, penalties, fines and duration of imprisonment for violations
of this chapter for which such tickets, penalties, fines and duration
of imprisonment are defined in this chapter shall be brought under
the provisions of this chapter. Except as otherwise stated in this
chapter, the amount of any fine or the duration of imprisonment for
any violation of this chapter, where specifically provided for in
the Vehicle Code of Pennsylvania, 75 Pa. C.S.A. § 101, as
amended, shall be the amount of the fine or of the duration of the
imprisonment as defined in the Vehicle Code.