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 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.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101
et seq.
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.
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those repealed or superseded ordinances or regulations.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 Township Manager 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 72 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 $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 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 as 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 relative to traffic
and parking.
A.
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 underway
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 Board of Commissioners shall have authority to
establish a restricted traffic area upon any street where construction
or maintenance work is underway 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.
Any person who violates any provision of this section
shall, upon conviction, be sentenced to pay a fine of $25 and costs.
A.
MOTORCADE
PARADE
Definitions. As used in this section, the following
terms shall have the meanings indicated.
An organized procession containing 25 or more vehicles, except
funeral processions, upon any public street, sidewalk or alley.
Any march, demonstration, rally or procession consisting
of people, animals or vehicles or combination thereof, except funeral
processions, upon any public street, sidewalk or alley which does
not comply with normal and usual traffic regulations or controls.
B.
Permits. It shall be unlawful for any person to conduct
a parade or motorcade in or upon any public street, sidewalk or alley
in the Township or knowingly participate in any such parade or motorcade
unless and until a permit to conduct such parade or motorcade has
been obtained from the Township Manager or, as hereinafter provided,
from the Board of Commissioners; said permits for parades and/or motorcades
shall be issued following compliance with all other sections of this
article by the Township Manager only for routes to be travelled in
Lower Pottsgrove Township and no other streets, sidewalks or alleys
may be used for the purpose of a parade or motorcade in said Township.
The foregoing does not preclude the use of side streets along the
main parade route in the Township for assembly and disbanding areas
so long as those side streets are enumerated in the application and
ultimately approved in the permit subsequently issued.
C.
Parade or motorcade for commercial purpose prohibited.
No permit shall be issued authorizing the conduct of a parade or motorcade
which the Township Manager finds is proposed to be held for the sole
purpose of advertising any product, goods, wares, merchandise or event
and is designed to be held purely for private profit.
D.
Interference with parade or motorcade. No person shall
knowingly join or participate in any parade or motorcade conducted
under permit from the Township Manager in violation of any terms of
said permit nor knowingly join or participate in any permitted parade
or motorcade without the consent and over the objection of the permittee
nor in any manner interfere with its progress or orderly conduct.
E.
Application for permit. Any person who wants to conduct
a parade or motorcade shall apply to the Township Manager for a permit
at least 20 days in advance of the date of the proposed parade or
motorcade. The Township Manager may, in his discretion, consider any
application for a permit to conduct a parade or motorcade which is
filed less than 20 days prior to the date such parade or motorcade
is to be conducted. The application for such permit shall be made
in writing on a form approved by the Township Manager. In order that
adequate arrangements may be made for the proper policing of the parade
or motorcade, the application shall contain the following information:
(1)
The name of the applicant, the sponsoring organization,
the parade or motorcade chairman and the addresses and telephone numbers
of each.
(2)
The purpose of the parade or motorcade, the date when
it is proposed to be conducted, the location of the assembly area,
the location of the disbanding area, route to be travelled and the
approximate times when the parade or motorcade will assemble, start
and terminate.
(3)
A description of the individual floats, marching units,
vehicles and bands.
(4)
Such other information as the Township Manager may
deem reasonably necessary.
(5)
Filing fee in an amount as established, from time
to time, by resolution of the Board of Commissioners.
F.
Issuance or denial of permit.
(1)
Standards for issuance. The Township Manager shall
issue a parade or motorcade permit conditioned upon the applicant's
written agreement to comply with the terms of such permit, unless
the Township Manager finds that:
(a)
The time, route and size of the parade or motorcade
will disrupt to an unreasonable extent the movement of other traffic.
(b)
The parade or motorcade is of a size or nature
that requires the diversion of so great a number of police officers
of the Township to properly police the line of movement and areas
contiguous thereto that allowing the parade or motorcade would deny
reasonable police protection to the Township in general.
(c)
Such parade or motorcade will interfere with
another parade or motorcade for which a permit has been issued.
(2)
Standards for denial. The Township Manager shall deny
the applicant where:
(a)
The Township Manager makes any finding contrary
to the findings required to be made for the issuance of a permit.
(b)
The information contained in the application
is found to be false or nonexistent in any material detail.
(c)
The applicant refuses to agree to abide by or
comply with all conditions of the permit and any and all other sections
of this chapter.
G.
Contents of permit.
(1)
In each permit, the Township Manager shall specify:
(a)
The assembly area and time therefor.
(b)
The starting time.
(c)
The minimum and maximum speeds.
(d)
The route of the parade or motorcade.
(e)
What portions of streets to be traversed may
be occupied by such parade or motorcade.
(f)
The maximum number of platoons or units and
the maximum and minimum intervals of space to be maintained between
the units of such parade or motorcade.
(g)
The maximum length of such parade or motorcade
in miles or fractions thereof.
(h)
The disbanding area and disbanding time.
(i)
The number of persons required to monitor the
parade or motorcade.
(j)
The number and type of vehicles, if any.
(k)
The material and maximum size of any sign, banner,
placard or carrying device therefor.
(l)
The materials used in the construction of floats
used in any parade shall be of fire-retardant materials and shall
be subject to such requirements concerning fire safety as may be determined
by the Fire Marshal.
(m)
That the permittee advise all participants in
the parade or motorcade either orally or by written notice of the
terms and conditions of the permit, prior to the commencement of such
parade or motorcade.
(n)
The parade or motorcade continues to move at
a fixed rate of speed and that any willful delay or willful stopping
of said parade or motorcade, except when reasonably required for the
safe and orderly conduct of the parade or motorcade, shall constitute
a violation of the permit.
(o)
Such other requirements as are found by the
Township Manager to be reasonably necessary for the protection of
persons or property.
(2)
All conditions of the permit shall be complied with.
H.
Appeal procedure.
(1)
Upon a denial by the Township Manager of an application made pursuant to Subsection E of this section, the applicant may appeal from the determination of the Township Manager within five days thereafter to the Board of Commissioners of Lower Pottsgrove Township by filing a written notice of appeal for hearing by the Board of Commissioners at its next meeting. Upon such appeal, the Board of Commissioners may reverse, affirm or modify in any regard the determination of the Township Manager.
(2)
In the event an application is not filed within the required time, as specified in Subsection E, the applicant may request a waiver of such requirement by the Board of Commissioners at its next regular meeting or at a special meeting which may be called prior thereto by said Board of Commissioners to consider such matter, and the Board of Commissioners, if it finds unusual circumstances and in the exercise of its sound discretion, may waive such requirement.
J.
Revocation of permit. Any permit for a parade or motorcade issued pursuant to this article may be summarily revoked by the Township Manager at any time when, by reason of disaster, public calamity, riot or other emergency, the Township Manager determines that the safety of the public or property requires such revocation. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or by certified mail at the address given in regard to Subsection E(1) of this section.
The police officers of the Township are hereby
authorized to direct traffic on the highways of the Township and at
intersections thereof and to otherwise enforce the provisions of this
chapter.
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.
