A.Â
Words and phrases, when used in this chapter, except
for sections or parts to which different or additional definitions
apply, shall have the meanings ascribed to 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.Â
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.Â
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, 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those repealed or superseded ordinances or regulations.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.Â
The Chief of Police shall have the following powers
to regulate traffic and parking temporarily and in time of emergency:
(1)Â
In the case of fire, flood, storm or other emergency,
to establish temporary traffic and/or parking regulations; and
(2)Â
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.Â
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 $25 together with costs of prosecution.
The Board of Commissioners may, from time to
time by resolution, designate places upon and along the highways in
the Township of Whitehall 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 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 $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
of Whitehall relative to traffic and parking.
A.Â
The Board of Commissioners 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.Â
The Board of Commissioners 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.
C.Â
Any person who violates any provision of this section
shall, upon conviction, be sentenced to pay a fine of $25 and costs.
D.Â
Road closing procedures. Prior to the closing of any public right-of-way in the Township by individuals other than Township personnel for any purpose, with the sole exception of emergency closures, the procedures listed in the attached Exhibit A, Whitehall Township Road Closing Procedures,[1] must be followed.
[Added 2-13-2006 by Ord. No. 2604]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
A.Â
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.Â
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 Chief of Police, which shall be issued
without fee. Application for the permit shall be made at least one
week in advance of the day on which the assemblage is proposed to
be held, but in any case where a state-designated highway is proposed
to be used, application shall be made at least three weeks in advance
of the proposed date. 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.Â
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 Chief of Police, which shall be issued
without fee. Application for the permit shall be made at least two
weeks in advance of the day when the procession is proposed to be
held, but in any case where the state-designated highway is proposed
to be used, application shall be made at least three weeks in advance
of the proposed date. 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.Â
Any person who violates any provision of this section
shall, upon conviction, be sentenced to pay a fine of $25 and costs.
The police officers of the Township are hereby
authorized to direct traffic on the highways of the Township of Whitehall
and at intersections thereof and to otherwise enforce the provisions
of this chapter.
A.Â
The Township of Whitehall 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.Â
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.Â
At such time as any traffic signal located within
the Township is constructed, reconstructed or in any way modified
such construction, reconstruction or modification shall include equipment
which shall change the traffic light to green in the direction of
travel of oncoming emergency vehicles (hereinafter referred to as
"preemption equipment").
B.Â
Preemption equipment shall:
(1)Â
Be designated by and approved by the Whitehall Township
Fire Chief.
(2)Â
Be installed on the traffic signal or mast arm thereof
in each direction of travel.
(3)Â
Be installed under the supervision of the Township
Fire Chief or Township Engineer.
(4)Â
Be installed at the sole cost and expense of the individual,
firm, entity, political subdivision or authority or similar entity
responsible for the construction, reconstruction or modification of
the traffic signal.
(5)Â
Include switches to be installed or otherwise used
in each emergency vehicle (in such numbers as approved by the Township
Fire Chief), white confirmation lights to be installed of the traffic
signal or mast thereof, control boxes and cards to be installed at
the traffic signal control box and such other accessory or incidental
equipment as required by the Township Fire Chief to ensure the proper
installation of, access to and operation of the preemption equipment.
(6)Â
Dedicated to the Township after the installation thereof
and all warranties related thereto shall, to the extent possible,
be assigned to the Township.