[HISTORY: Adopted by the Board of Supervisors
of the Township of Maidencreek 1-3-1995 by Ord. No. 144. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Snow Emergency Ordinance of the Township of Maidencreek."
A.
In this chapter, except as hereinafter otherwise defined,
the terms used shall have the meanings ascribed to them in the Pennsylvania
Motor Vehicle Code.
B.
BARRICADE
CHAIRMAN
CINDER
COMMON STREETS
ROADMASTER
ROADWAY
SIDEWALK
SNOW EMERGENCY ROUTES
SNOW TIRES
STREET or HIGHWAY
TIRE CHAINS
TOWNSHIP
For the purpose of this chapter, the following definitions
shall prevail:
Any object visible for a distance of 100 feet in clear weather
that is used to block off an area of a street or highway.
The person elected or appointed to hold the office of Chairman
of the Board of Supervisors of the Township of Maidencreek pursuant
to the provisions of the Second Class Township Code.
Any abrasive material to be put on hard snow or ice areas,
including, but not limited to, cinder, sand, fine gravel, sawdust,
salt, or fine crushed stone.
Those streets or roadways in the Township of Maidencreek
which are not designated herein as snow emergency routes.
The person so designated by the Board of Supervisors of the
Township of Maidencreek.
That portion of a street or highway improved, designed or
ordinarily used for vehicular travel, exclusive of the berm or shoulder.
That portion of a street between the curblines or the lateral
lines of a roadway and the adjacent property lines intended for the
use of pedestrians.
Those streets designated and marked as such in accordance
with the provisions of this chapter.
Any tires mounted on drive wheels of motor vehicles which
are specifically designed by tire manufacturers to give effective
traction on snow-, mud- or ice-covered streets by means of extra-heavy-duty
treads with special high-traction patterns, except that no tire so
defined shall be construed to be a snow tire if it is worn to less
than 3/16 inch tread depth or is damaged or worn to the extent that
its performance would be substantially impaired.
The entire width between curbs or boundary lines of every
way publicly maintained when any part thereof is open to the use of
the public for purposes of vehicular travel.
Any hard metal chains mounted on drive wheel tires of motor
vehicles which cross the tread of each such tire laterally in at least
eight different places.
The Township of Maidencreek, Berks County, Pennsylvania.
A.
Whenever the Chairman or Roadmaster finds, on the
basis of falling snow, sleet, or freezing rain, or on the basis of
a forecast by the United States Weather Bureau or other weather service
of snow, sleet, or freezing rain, that weather conditions will make
it necessary that motor vehicle traffic be expedited and that parking
or standing on Township streets be prohibited or restricted for snow
plowing and other purposes, the Chairman of the Board of Supervisors
shall declare and put into effect a parking prohibition on parts of
or on all snow emergency routes as necessary by causing notices of
such parking prohibition to be posted as prescribed in this chapter.
B.
When the Chairman of the Board of Supervisors shall
declare a parking prohibition as herein provided for, he shall cause
notices thereof to be posted on both sides of the Township's snow
emergency routes at least two hours before such parking prohibition
becomes effective. Said notices shall be posted at intervals not exceeding
150 feet, said intervals not to include the distance of any intervening
street or intersection.
C.
Notwithstanding the provisions of Subsections A and B above, a parking prohibition shall automatically go into effect on any part of any snow emergency route on which there has been an accumulation of snow and/or ice of four inches or more for one hour or more between 6:00 a.m. and 11:00 p.m. of any day.
D.
Once in effect, a prohibition under this section shall remain in effect until terminated by the Chairman of the Board of Supervisors, as provided for in § 174-10 of this chapter, except that any street area which has become substantially clear of snow and ice from curb to the center of the street for the length of the entire block shall be automatically excluded therefrom. While the prohibition is in effect, no person shall park or allow to remain parked any vehicle on any portion of a snow emergency route to which it applies. However, nothing in this section shall be construed to permit parking at any time or place where it is forbidden by any other provision of law.
Whenever the Chairman of the Board of Supervisors
finds, on the basis of amount of snow and after Snow Emergency Routes
are opened, that parking on common streets must be prohibited or restricted
for snow plowing and other snow removal purposes, the Chairman shall
put into effect a parking prohibition on parts of or on all of common
streets as necessary by causing notices of such parking prohibition
to be posted on both sides of the affected common streets at least
12 hours before said parking prohibition goes into effect. Such prohibitions
or restrictions shall remain in effect until terminated by the Chairman,
as provided for in Section 10 of this chapter, except that any street
area which has become substantially clear of snow and ice from curb
to the center of the street for the length of the entire block shall
be automatically excluded therefrom. While the prohibition is in effect,
no person shall park or allow to remain parked any vehicle on any
portion of a common street to which it applies. However, nothing in
this section shall be construed to permit parking at any time or place
where it is forbidden by any other provision of law.
A.
No person operating a motor vehicle on a snow emergency
route on which thee is a covering of snow, sleet, or ice shall allow
such vehicle to become stalled wholly or partly because the drive
wheels thereof are not equipped with effective tire chains or snow
tires.
B.
No person operating a motor vehicle on a snow emergency
route on which there is a covering of snow, sleet or ice or on which
there is a parking prohibition in effect, shall allow such vehicle
to become stalled because the motor fuel supply is exhausted or the
battery has become inoperative.
C.
No person shall operate a motor vehicle on a snow
emergency route on which there is a covering of snow, sleet or ice,
if said vehicles does not have all windows clear of snow and ice.
D.
No person shall operate a motorcycle, motor scooter,
or bicycle on a snow emergency route on which there is a covering
of snow, sleet or ice.
E.
No person shall operate a motor vehicle without tire
chains or snow tires on a snow emergency route on which there is a
covering of snow, sleet, or ice more than eight inches in depth.
A.
Members of the Police Department are hereby authorized
to remove or have removed a vehicle from a street when:
(1)
The vehicle is parked on a part of a snow emergency
route on which a parking prohibition is in effect.
(2)
The vehicle is stalled on part of a snow emergency
route on which there is a covering of snow, sleet, or ice and on which
there is a parking prohibition in effect and the person owning or
operating said vehicle does not appear to be removing in accordance
with the provisions of this chapter.
(3)
The vehicle is parked in violation of any parking
ordinance or provision of law and is interfering or about to interfere
with snow removal operations.
B.
If any person parks or leaves a vehicle in a place
or in a condition in violation of any provision of this chapter, such
vehicle may be removed by or under the direction of a police officer
of the Township of Maidencreek by means of towing or otherwise, said
removal to be in accordance with the provisions of such towing and
impounding ordinance or ordinances as may then be in effect in the
Township of Maidencreek.
A.
Whenever a vehicle becomes stalled for any reason,
whether or not in violation of this chapter, on any part of a snow
emergency route or other Township street on which there is a snow
emergency parking prohibition or restriction in effect and on which
there is a covering of snow, sleet, or ice, the person operating such
vehicle shall take immediate action to move the vehicle towed or pushed
off the roadway of such snow emergency route or other street either
into the first crossed street which is not a snow emergency route
or onto the public space portion of a nearby driveway. No person shall
abandon or leave his vehicle in the roadway of a snow emergency route
or other Township street on which there is a snow emergency parking
prohibition or restriction in effect (regardless of whether he indicates,
by raising the hood or otherwise, that the vehicle is stalled), except
for the purpose of securing assistance during the actual time necessary
to go to a nearby telephone or to a nearby garage, gasoline station,
or other place of assistance and return without delay.
B.
Any Township-owned vehicle and/or authorized tow truck
is authorized to push or otherwise move, without liability on the
Township's part for any damage resulting thereto, any stalled vehicle
remaining in violation of the foregoing provision. Any and all costs
incurred for the enforcement of this section shall be the sole responsibility
of the owner of the subject vehicle.
Any provision of this chapter which becomes
effective by declaration of the Chairman of the Board of Supervisors
or upon the occurrence of certain weather conditions shall, while
temporarily in effect, take precedence over other conflicting provisions
of law normally in effect, except that it shall not take precedence
over provisions of law relating to traffic accidents, emergency travel
of authorized emergency vehicles, or emergency traffic directions
by a police officer.
A.
On each street designated by this chapter as a snow
emergency route, the Roadmaster shall post special signs, one in each
block and/or at intervals not exceeding 660 feet and at all points
where any street affected joins another street with the wording "SNOW
EMERGENCY ROUTE. NO PARKING DURING EMERGENCY. TOW AWAY ZONE" or such
other wording as shall be approved by the Secretary of Highways of
the Commonwealth of Pennsylvania. These signs shall be distinctive
and uniform in appearance and shall be plainly readable to persons
traveling on the street or highway.
B.
The Chairman of the Board of Supervisors and Roadmaster
are hereby jointly authorized to barricade any street and redirect
traffic whenever necessary to plow, clear, or otherwise remove snow.
It shall be unlawful for any person to bypass or run through or over
such barricade.
C.
Township-controlled or operated equipment is permitted
to operate in any direction on any street at any time upon orders
of the Chairman of the Board of Supervisors or Roadmaster.
Whenever the Chairman of the Board of Supervisors shall find that some or all of the conditions which give rise to a parking prohibition in effect pursuant to this chapter no longer exists, he shall declare the prohibition terminated in whole or part, by causing to be removed the notices required to be posted by the provisions of §§ 174-3 and 174-4 of this chapter, the termination of said prohibition to become effective immediately as to any street block in the Township when said notices are removed by duly authorized representatives of the Chairman of the Street Committee.
Whenever any motor vehicle is found parked or
left in violation of any provision of this chapter, notice of such
violation shall be given in the manner provided for parking violations
in the Township of Maidencreek as otherwise set forth by ordinance
or regulation.
In any prosecution with regard to a vehicle
parked or left in a place or in a condition in violation of any provision
of this chapter, proof that the particular vehicle described in the
complaint was parked or left in violation of a provision of this chapter,
together with proof that the defendant named in the complaint was
at the time the registered owner of such vehicle, shall constitute
prima facie evidence that the defendant was the person who parked
or left the vehicle in violation of this chapter.
The following streets or highways or portions
of streets or highways within the Township of Maidencreek are hereby
designated as snow emergency routes:
|
Street
|
Location
|
|---|---|
|
Blandon Meadows Parkway
|
Entire length
|
|
Cornerstone Drive
|
Entire length
|
|
Faith Drive
|
Entire length
|
|
Genesis Drive
|
From Route No. 222 to Faith Drive
|
|
Hoch Road[1]
|
From Park Road to South View Road
|
|
Independence Court
|
Entire length
|
|
Main Street (SR0073)
[Added 10-11-2007 by Ord. No. 211] |
From Park Road (SR1010) to Guldin Road (T760)
|
|
South View Drive
|
Entire length
|
|
Spirit Court
|
Entire length
|
|
Walnut Tree Drive
|
Entire length
|
It shall be unlawful for any person to remove,
without the authorization of the Chairman of the Board of Supervisors,
any sign or notice posted in accordance with the provisions of this
chapter.
[Amended 3-11-2010 by Ord. No. 223; 4-13-2023 by Ord. No. 254]
A.
Any person who violates any provision of this article shall be issued
a parking ticket, or other appropriate ticket, by the Berks Regional
Police Department.
B.
If at any time during a period of snow emergency, as provided in this Chapter 174, a person shall park a motor vehicle or allow a motor vehicle to remain parked anywhere within a snow emergency route, that person shall be issued a parking ticket by the Berks County Regional Police Department and be required to pay a fine of $50.
C.
If at any time during a period of snow emergency, as provided in this Chapter 174, a person shall drive a motor vehicle upon a snow emergency route in violation of any provision of this chapter, that person shall be issued a ticket by the Berks County Regional Police Department and be required to pay a fine of $50.
D.
All fines shall be payable to the Northern Berks Regional Police
Department. Payments may be made by mail or placed in a drop box located
at the Northern Berks Regional Police Department.
