[Amended 11-26-1996 by Ord. No. 13-1996; 10-24-2000 by Ord. No. 6-2000]
Subject to the provisions of this chapter hereinafter set forth, the Mayor of the Borough of Kutztown (hereinafter referred to as the "Mayor") is hereby authorized to take certain actions on behalf of the Borough of Kutztown (hereinafter referred to as the "Borough") as pertain to streets, highways, and public property within the physical boundaries of the Borough. The enumeration of police powers concerning which the Mayor is hereby authorized to take action are as follows:
A. 
Regulate or prohibit stopping, standing or parking on streets, alleys, highways and public properties with the Borough or on borough-owned properties located outside the physical boundaries of the Borough.
B. 
Regulate traffic on streets, alleys and highways within the Borough by means of police officers or official traffic control devices.
C. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C, which authorized the Mayor to regulate or prohibit processions or assemblages on streets, alleys and highways within the physical boundaries of the Borough or on Borough-owned properties outside the physical boundaries of the Borough, was repealed 9-16-2003 by Ord. No. 7-2003. See now Ch. 155, Parades.
D. 
Designate particular streets, alleys, highways or roadways for use by traffic moving in one direction as authorized in § 3308 of the Vehicle Code of the Commonwealth of Pennsylvania (75 Pa. C.S.A. § 3308), as from time to time amended and supplemented (said Vehicle Code, as from time to time amended, hereinafter in this section the "Vehicle Code").
E. 
Establish speed limits for vehicles in public parks.
F. 
Designate any street, alley or highway within the Borough as a through highway or designate any intersection or junction of roadways as a stop or yield intersection or junction.
G. 
Prohibit or restrict the use of streets, alleys and highways within the Borough at particular places or by particular classes of vehicles whenever the street, alley or highway or portion of the street, alley or highway may be seriously damaged by the use or the movement of vehicles would constitute a safety hazard.
H. 
Regulate the operation of pedalcycles and require their registration and inspection and the payment of a reasonable registration fee.
I. 
Regulate or prohibit the turning of vehicles or specified types of vehicles as authorized in § 3331 of the Vehicle Code.
J. 
Alter or establish speed limits as authorized in Subchapter F of Chapter 33 of the Vehicle Code.
K. 
Enforce speed restrictions authorized under Subchapter F of Chapter 33 of the Vehicle Code, except that speed restrictions may be enforced by local police on a limited access or divided highway in the Borough only if it is patrolled by the local police force under the terms of an agreement with the Pennsylvania State Police.
L. 
Designate no-passing zones as authorized in § 3307 of the Vehicle Code.
M. 
Prohibit or regulate the use of designated streets, alleys and highways within the physical boudaries of the Borough or on Borough-owned properties located outside the physical boundaries of the Borough.
N. 
Establish minimum speed limits as authorized in § 3364 of the Vehicle Code.
O. 
Regulate and temporarily prohibit traffic on streets, alleys and highways within the physical boundaries of the Borough or on Borough-owned properties located outside the physical boundaries of the Borough closed or restricted for construction, maintenance or special events.
P. 
Prohibit pedestrians from crossing a roadway in a business district or any designated street, alley or highway within the physical boundaries of the Borough or on Borough-owned properties located outside the physical boundaries of the Borough except in a crosswalk.
Q. 
Restrict pedestrian crossing at unmarked crosswalks.
R. 
(Reserved)[2]
[2]
Editor's Note: Former Subsection R, which empowered the Mayor to regulate persons propelling pushcarts, was repealed 1-15-2008 by Ord. No. 1-2008.
S. 
Regulate persons upon, or prohibit persons from using in certain areas, skates, skateboards, roller blades, coasters, sleds and other toy vehicles.
[Amended 11-26-1996 by Ord. No. 13-1996]
T. 
Adopt and enforce such temporary regulations as may be necessary to cover emergencies or special conditions pertaining to traffic on streets, alleys, highways and public property within the physical boundaries of the Borough or on Borough-owned properties located outside of the Borough.
U. 
Regulate the operation of streetcars, the passing of streetcars by other vehicles and the driving upon streetcar tracks by other vehicles.
V. 
Provide for and establish procedures governing the removal and impounding of any vehicle parked on any street, alley, highway or public property within the physical boundaries of the Borough or on Borough-owned property located outisde the physical boundaries of the Borough.
In order to exercise any authorization hereinabove granted to the Mayor by § 212-7 of this article, the Mayor shall issue a proclamation setting forth the proposed action. In addition to setting forth therein the proposed action, the proclamation shall state that said action shall not be effective for 30 days, during which period of time the proclamation shall be subject to review and approval by the Council of the Borough.
Before the Mayor shall take any action in accordance with the enumerated powers hereinabove set forth in §§ 212-7 and 212-8 of this article, the Mayor shall first cause his proposed proclamation to be advertised in a newspaper in general circulation within the Borough at least 30 days prior to the effective date of the proposed proclamation. In addition, at least 30 days prior to the effective date of the proposed proclamation, the Mayor shall also give the full text thereof to the Council of the Borough.
The proposed proclamation by the Mayor shall become effective only in the event that the Council of the Borough does not adopt a resolution within the thirty-day period hereinabove referred to in § 212-9 of this chapter rejecting and nullifying the proposed proclamation of the Mayor.
It is the intention of the Council of the Borough that this chapter constitutes action on the part of the Borough in accordance with Section 6109(b) of the Vehicle Code of the Commonwealth of Pennsylvania [75 Pa.C.S.A. § 6109(b)], as from time to time amended and supplemented.
The Borough Manager is hereby authorized and directed to take such steps as may be necessary to effectuate any proclamation issued by the Mayor pursuant to this chapter after such proclamation becomes effective.
[Amended 9-16-2003 by Ord. No. 7-2003]
The powers granted to the Mayor by the provisions of this chapter shall not be exclusive, and nothing in this chapter shall prohibit the Council of the Borough from time to time taking such action as it may so desire as concerns any of the police powers hereinabove enumerated. Nothing in this chapter shall be construed to allow the Mayor to authorize, deny, effect, permit or otherwise control the closing of streets within the Borough for the purpose of authorizing a parade, special parade or spontaneous parade, as those terms are defined in Chapter 155 of the Code of the Borough of Kutztown. Chapter 155 of the Code of the Borough of Kutztown provides for the sole method of obtaining permission to use the cartways of the streets of the Borough for a parade, special parade or spontaneous parade, as such terms are defined in Chapter 155 of the Code of the Borough of Kutztown.
[Added 11-26-1996 by Ord. No. 13-1996]
Any person who violates any provision of any proclamation issued by the Mayor pursuant to this article shall, upon conviction, be sentenced to pay a fine as set forth in the fee schedule approved from time to time by resolution of the Borough Council,[1] and costs.
[1]
Editor's Note: See Ch. A231, Fees.