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 in them in the Vehicle Code
(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, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas Day.
C.
In this chapter, the singular shall include the plural,
the plural shall include the singular, and the masculine shall include
the feminine.
D.
Although the streets in the Township run generally
in a northeast-southwest and a northwest-southeast direction, for
the purpose of this chapter, Cocoa Avenue and the streets running
parallel or generally parallel to Cocoa Avenue shall be deemed to
run in a north-south direction, and Chocolate Avenue and the streets
parallel or generally parallel to Chocolate Avenue shall be deemed
to run in an east-west direction.
All traffic and parking regulations of a permanent
nature shall be enacted as ordinances, as parts of ordinances, as
amendments to ordinances or as amendments to this chapter, except
where the law specifically authorizes less formal action.
The provisions of this chapter, so far as they
are the same as those of ordinances and regulations in force immediately
before the enactment of this chapter, are intended as a continuation
of those earlier ordinances and regulations and not as new enactments.
Nothing in this chapter shall affect any act done or liability incurred,
or any suit or prosecution pending or to be instituted under any of
those repealed or superseded ordinances or regulations.
A.
The Chief of Police shall have the following powers
to regulate traffic and parking temporarily and in time of emergency:
(1)
In the case of fire, flood, storm or other emergency,
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 120 hours.
B.
Such temporary and emergency regulations shall be
enforced by 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 subject
to the penalty set forth in the law or elsewhere in this chapter for
a violation of such nature and, in case of a violation for which no
specific penalty is set forth in the law or elsewhere in this chapter,
to a fine of not more than $50 together with costs of prosecution
and/or imprisonment for not more than 10 days.
The Board of Supervisors may, from time to time,
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 in force 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 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 subject to the penalty set forth in the
law or elsewhere in this chapter, to a fine of not more 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 Chief of Police 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 or maintenance work is under way 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.
B.
The Director of Public Works shall have the 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 flagmen is displaying a sign directing that vehicle to stop,
or is signaling that vehicle, by a flag or other device, not to proceed.
C.
Any person who violates any provision of this section
shall, upon conviction, be sentenced to pay a fine of $50 plus costs
and/or 10 days imprisonment.
A.
ASSEMBLAGE
PROCESSION
For the purpose of this section, the words "assemblage"
and "procession" shall have the following meanings:
A gathering of people without vehicles, which interferes
with the movement of pedestrian or vehicular traffic on any street.
A group of individuals, vehicles, animals and/or objects
moving along a street in a way that interferes with the normal movement
of traffic. A procession shall not include a funeral caravan or military
convoy.
B.
It shall be unlawful for any person to hold or participate
in any assemblage unless the person organizing or conducting the assemblage
first obtains a permit from the Board of Supervisors, which shall
be issued without fee. Application for the permit shall be made at
least four weeks in advance of the day on which the assemblage is
proposed to be held. The permit shall state the place where and the
date when the assemblage is to be held, the hour when the assemblage
may convene and the hour by which it shall have been completely dispersed.
It shall be unlawful for any person to hold or to participate in any
assemblage unless the permit has been granted, or at any time or place
other than that authorized by the permit.
C.
It shall be unlawful for any person to hold or participate
in any procession unless the person organizing or conducting the procession
first obtains a permit from the Board of Supervisors, which shall
be issued without fee. Application for the permit shall be made at
least four weeks in advance of the day when the procession is proposed
to be held. The permit shall specify the date on which the procession
is to be held, the route to be followed by the procession, the hour
when and place where participants may commence to assemble and form
before the procession is under way, the time when the procession may
commence to move along its route, and the time by which the end of
the procession shall have reached the end of the route of the procession
and the procession shall have been disbanded. It shall be unlawful
for any person to hold or to participate in any procession unless
the permit shall have been granted, or under any conditions as to
time or route or otherwise than those stated in the permit.
D.
Any person who violates any provision of this section
shall, upon conviction, be sentenced to pay a fine of not less than
$25 plus costs and not more than $300 plus costs and/or 10 days imprisonment.
(Also see Crimes Codes § 5507, Obstructing highways and
other public passages.)
The police officers of the Township are hereby
given authority to direct traffic on the highways of the Township
and at intersections thereof.
A.
The Township Police Department is hereby authorized
to use all speed timing devices for the determination of speed of
a motor vehicle as are approved or will be approved by the Department
of Transportation of the Commonwealth of Pennsylvania, in accordance
with Title 75, Pa.C.S.A. § 3368.
B.
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 elect to exercise all powers granted
to "local authorities" under the Vehicle Code of the Commonwealth
of Pennsylvania, 75 Pa.C.S.A. § 6101 et seq. (1977), as
hereafter amended, supplemented, modified or reenacted by the General
Assembly of Pennsylvania.
A.
DETRIMENTAL MATERIAL
DIRT AND MUD
HAZARDOUS MATERIALS
TRAFFIC
WASTE
Definitions. For purposes of this section the following
definitions of terms shall apply:
Includes, but shall not be limited to, any material substance,
compound, liquid or mixture not previously herein defined; when deposited
on a street, road or highway causes a hazard or nuisance to the health,
safety and welfare of persons and property including all segments
of highway traffic.
Includes, but shall not be limited to, all types of soil,
sand, or earth, including any sticky, slimy or wet compositions of
these materials.
Includes all materials, compounds or substances, mixtures
and solutions which by virtue of its characteristics, properties,
and composition is capable of posing an unreasonable risk to health,
safety, property and traffic. This term shall include all classifications
of groupings of materials as defined by the United States Department
of Transportation; United States Secretary of Transportation; United
States Secretary of Health, Education and Welfare; and the Pennsylvania
Department of Transportation of Pennsylvania Department of Health.
As herein employed, shall be defined in accordance with Pennsylvania
Consolidated Statutes Annotated, Title 75; and shall include all pedestrians,
ridden or herded animals, vehicles, streetcars and other conveyances,
whether singly or together using any highway for purposes of travel.
Includes, but shall not be limited to, damaged, defective
or superfluous materials produced by manufacturing or industrial processes;
scrap material; refuse, rubbish or garbage; or any excrement or sewage
whether of human or animal origin.
B.
General rule. It shall be unlawful for any person
to throw or deposit by any means, or for the driver of a vehicle to
deposit by any means or for the owner of a vehicle to permit to be
deposited by any means including, but not limited to, tire tracking,
sifting, leaking and dropping upon the street, road or highway, any
waste, dirt or mud, hazardous material or any other detrimental material
as herein defined.
C.
Removal of deposited material.
(1)
Any person, driver or vehicle owner who throws or
deposits upon any road, street or highway; any waste, dirt or mud,
hazardous material or any other detrimental material as herein defined;
shall immediately remove or make arrangements for the immediate removal
of the thrown or deposited material from the roadway.
(2)
Any driver or owner of any vehicle used for the transportation
or conveyance of any waste, dirt or mud, hazardous material or any
other detrimental material and which has been involved in an accident
where material is deposited upon the road, street or highway; shall
immediately remove or make immediate arrangements for the removal
and proper disposal of the deposited material.
(3)
The failure of any person to comply with Subsection C(1) and (2) as herein defined shall allow the Township of Derry to remove or arrange for the immediate removal of any deposited material from the road, street or highway and further, any expense resulting from removal activity shall become the obligation of the responsible person(s).
D.
Penalties. Any person who shall operate a vehicle
in violation of this section herein adopted shall be subject, upon
conviction before a District Justice, to pay a fine of not less than
$25 nor more than $300 and costs of prosecution, subject to any lesser
penalties provided by the Pennsylvania Vehicle Code, 75 Pa.C.S.A.
§ 101 et seq., and in default of the payment of such fine
and costs to imprisonment in the Dauphin County Jail for not more
than five days.
[Added 10-8-1996 by Ord. No. 411]
A.
The Board of Supervisors may, from time to time, enter
into a written agreement with adjoining municipalities to provide
for joint police protection and enforcement services on streets and
highways forming a common adjacent boundary between the municipalities.
B.
All joint municipal agreement for law enforcement
services shall specifically identify the following:
(1)
The duration or term of the agreement.
(2)
The name and/or location of the common adjacent streets
and highways for which joint law enforcement services are applicable.
(3)
The nature and extent of control and responsibility
for delivery of police protection and law enforcement services required
of each municipality.
(4)
The financial responsibility required of each municipality.
C.
The Board of Supervisors authorizes and approves an
agreement for joint police protection and law enforcement with Hummelstown
Borough in accordance with the following provisions:
(1)
The duration or term of the agreement shall be for
a period of one year and shall automatically renew for additional
periods of one year until or unless either party terminates the agreement
with 30 days advance written notice.
(2)
The names and locations of the streets and highways
which create a common boundary and are included in the agreement between
the Township of Derry and Hummelstown Borough are identified as follows:
(a)
Eastbound and westbound travel lanes of PA State
Route 322 between Middletown Road and Fiddlers Elbow Road.
(b)
Northbound travel lane of Quarry Road (LR-22018)
between Poplar Avenue and PA State Route 322, Ramp C.
(c)
PA State Route 322, westbound lanes, the area
of Birch Lanes Railroad Crossing, extending northbound from the southern
border of PA Route 322 that encompasses the Middletown/Hummelstown
Railroad right-of-way to the intersection with Lincoln Street.
(3)
Each municipality shall be responsible to furnish
and supply all necessary supervision, equipment, communications, facilities
and supplies necessary to maintain the level of police protection
and law enforcement services to be rendered.
(4)
Each municipality shall assume full responsibility
for all direct and indirect payments of salaries, wages and other
compensation for personnel performing services in connection with
joint police protection and law enforcement services.
(5)
There is no cash or other consideration flowing between
the municipalities other than the mutual cooperation and assistance
rendered before joint police protection and law enforcement services
for the benefit of their respective jurisdictions.
