[HISTORY: Adopted by the County Council of the County of Delaware as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-15-2023 by Ord. No. 2023-3[1]]
[1]
Editor's Note: This ordinance superseded former Art. I, Weight Limits on Bridges, adopted 12-29-1981 by Ord. No. 81-7.
Except as provided in § 224-2 of this article, the operation of any motor vehicle, commercial vehicle, other tractor, trailer or tractor trailer with a gross weight in excess of that herein respectively prescribed, upon any of the bridges or portions thereof described below, is hereby prohibited.
Bridge Number
Name
Weight Limit
Location
142
Mulford
13 tons, except 24 ton combinations
South Avenue over Muckinipattis Creek in Glenolden Borough
210
Michigan
12 tons
Michigan Avenue over Little Crum Creek in Ridley Township
221
Worral
15 tons, except 20 ton combinations
Paper Mill Road over Darby Creek in Newtown Township
234
Bonemill
3 tons
Station Road over Chester Creek in Thornbury Township
The operation of emergency vehicles when such emergency vehicles are actually responding to an emergency is exempted from the prohibition of this article. This article shall apply when such emergency vehicles are returning from an emergency call or are engaged in routine driving, maintenance, or parade exercises. An emergency vehicle shall consist of any vehicle as so defined in Section 102 of the Pennsylvania Vehicle Code, 75 Pa. C.S.A. § 102, and shall also include any vehicle under the jurisdiction of the Civil Defense Director of the County of Delaware. An emergency call shall consist of any threat to life, property, health, or safety of any person.
Any person operating a vehicle with a gross weight in excess of the limits prescribed above will be subject to penalties as set forth in Section 4902(g)(1) of the Pennsylvania Vehicle Code, 75 Pa. C.S.A. § 4902(g)(1), as amended, or as shall be set forth in any amendment thereto or successor legislation enacted by the General Assembly of the Commonwealth of Pennsylvania.
All fines, penalties, and forfeitures imposed and collected under this article shall be disposed of by the collecting authority in the manner prescribed by the laws of the Commonwealth of Pennsylvania; provided, however, that in any case in which a prosecution under this article is the result of local police action, the collecting authority shall transmit to the municipality employing such police officer or officers 50% of any fine, penalty, and/or forfeiture collected and shall transmit to the Treasurer of the County of Delaware the balance of any such fine, penalty and/or forfeiture.
The Director of Public Works of the County of Delaware or designee appointed by County Council shall erect or cause to be erected and shall maintain or cause to be maintained such restriction signs, including, if necessary, any advance informational signs, as shall be required to effectuate the enforcement of this article under applicable provisions of the Pennsylvania Vehicle Code and any other laws of the Commonwealth of Pennsylvania.
A. 
The Director of Public Works of the County of Delaware or designee appointed by County Council is declared to be the "public official authorized to act," pursuant to the provisions of Section 6109(b)(2) of the Pennsylvania Vehicle Code. 75 Pa. C.S.A. § 6109(b)(2), on the following specified matters:
(1) 
He shall have the authority to increase or decrease the gross weight limits of any bridge enumerated in § 224-1 of this article.
(2) 
He shall have the authority to establish and, once established, to increase or to decrease the gross weight limits for any bridge which may now or hereafter be owned by or be under the jurisdiction of the County of Delaware, notwithstanding that such bridge is not enumerated in § 224-1 of this article.
B. 
In exercising his powers and duties under this section, the Director of Public Works of the County of Delaware or designee appointed by County Council shall rely upon his own professional expertise and shall obtain the advice and recommendations of such consulting engineers, if any, as he shall deem appropriate. He shall file a written statement with the County Clerk of the County of Delaware setting forth any new or modified gross weight limits to be posted as set forth in this section of this article.
In the event that § 224-6 of this article shall be found by any court of competent jurisdiction to constitute a delegation of power and authority by the County Council of the County of Delaware which is in excess if that authorized by the Pennsylvania Vehicle Code or other applicable provisions of state law or of the Delaware County Home Rule Charter, the remainder of this article shall not be held to be invalid, and the said § 224-6 shall be considered to be severable, it being expressly declared that the County Council of Delaware would have adopted the remaining provisions of this article notwithstanding any possible invalidity of § 224-6 hereof.
Pursuant to the applicable provisions of the Pennsylvania Vehicle Code, as now set forth in 75 Pa. C.S.A. § 4902(c), the Director of Public Works or designee appointed by County Council shall have authority to issue permits for the movement of vehicles of weight in excess of the restrictions provided for by this article for bridges now or hereafter owned by the County of Delaware. No such permit shall be issued unless and until the applicant for such permit provides such security as the Director deems necessary to cover the cost of repairs and restoration necessitated by the permitted movement of such vehicles over the said bridges. In addition to such security, the applicant for such permit shall also agree to indemnify and save harmless the County against any and all claims which may be asserted against the County for any personal injury or property damage claims which may arise out of the movement of such vehicles over the said bridges.
This article supersedes any and all ordinances that may be in effect for the purpose of establishing gross weight limits on bridges owned and maintained by the County of Delaware either individually or collectively.
This article shall become effective 10 days after its adoption by the County Council of the County of Delaware.
[Adopted 2-19-2020 by Ord. No. 2020-1]
A. 
Pursuant to 75 Pa.C.S.A. § 1935, an annual fee of $5 shall be imposed on each nonexempt vehicle registered to an address in the County of Delaware to be collected by the Commonwealth of Pennsylvania’s Department of Transportation at the time such a vehicle is registered.
B. 
Funds received by County of Delaware on account of the fee imposed pursuant to this section shall be used for transportation purposes or shall be allocated in accordance with 75 Pa.C.S.A. § 9010(c).