[HISTORY: Adopted by the Borough Council
of the Borough of Derry as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 405.
Subdivision and land development — See
Ch. 230.
[Adopted 5-3-1982 by Ord. No. 548 (Ch.
XI, Part 3, of the 1975 Code of Ordinances)]
The purpose of this article is to promote and
protect the health, safety and general welfare of the residents of
the Borough of Derry by limiting the production or emission of airborne
dust created by uncovered loads on moving vehicles. After public hearing,
the Borough Council of the Borough of Derry found that substantially
all airborne dust situate in or near public ways is created by the
transportation of uncovered loads of bulk material on motor vehicles
with a gross vehicle weight of 10,000 pounds. or more. Further, the
Borough Council of the Borough of Derry found that airborne dust resulting
from uncovered loads of bulk material is a nuisance.
As used in this article, the following terms
shall have the meanings indicated:
That material capable of emitting dust when air passes over,
under, around or through the material. Bulk material includes, but
is not limited to, ash, cinders, coal, dirt, earth, stone and similar
materials.
It shall be unlawful to operate a motor vehicle
having a gross vehicle weight of 10,000 pounds or more, in the Borough
of Derry, which said motor vehicle contains bulk material, without
securely covering the bulk material with a tarp or other nonpermeable
membrane.
Motor vehicles owned by, or operated on behalf
of, the Commonwealth of Pennsylvania and its political subdivisions,
are exempt from the provisions of this article.
Any person or persons, who shall fail to comply
with this article, upon conviction thereof, shall be fined not more
than $1,000, plus costs of prosecution, and, in default of payment
of such fine and costs, by imprisonment for not more than 30 days,
for each and every violation thereof.
