[Adopted 4-21-2008 by Ord. No. 5-2008]
The purpose of this article is to create a set
of rules, regulations and specific criteria by which the Township
may determine that a commercial vehicle, tractor-trailer, semitrailer,
bus or commercial van parked for extended periods of time within or
in the proximity of a residential area can be declared a nuisance
to the health, safety and welfare of the Township and its residents.
The article shall also set the enforcement and penalties for the violation
of this article.
As used in this article, the following terms
shall have the meanings indicated:
Any motor vehicle designed for carrying more than nine passengers
and used for the transportation of persons or any motor vehicle operated
upon a public way in any city or town for the carriage of passengers
for hire in such a manner as to afford a means of transportation similar
to that afforded by a railway company by indiscriminately receiving
and discharging passengers along the route on which the vehicle is
operated or may be running, or for transporting passengers for hire
as a business between fixed and regular termini, or transporting passengers
for hire under a charter license, special service or school service
permit issued by the department.
Any vehicle registered for commercial purposes, bearing commercial
vehicle number plates, including trailer or semitrailer, and designed
and used primarily for the transportation or delivery of goods, wares,
merchandise or equipment, or designed and used for the delivery of
utility services or for field services related to maintenance or repair
of buildings.
A person, who is in actual physical control of a vehicle.
The changing of any fluid and any other repair, with the
exception of minor safety-related repairs that can be fully completed
within 90 minutes, such as changing a tire, replacing a headlight
or bulb, or replacing a wiper blade.
Whenever certain hours are named herein they shall mean standard
time or daylight-saving time as may be in current use in the Township.
Any officer authorized to direct or regulate traffic or make
arrests for violations of traffic regulations.
Every way or place in private ownership and used for vehicular
travel by the owner and those having express or implied permission
from the owner, but not by other persons.
Any street, way, highway, road or parkway dedicated to public
use, including public alleys.
That portion of a street or highway between regularly established
curblines or that part devoted to vehicular traffic.
Any motor vehicle used for the transporting of school pupils
and school personnel to and from school, or for the transporting of
children enrolled in a camp or recreational program, while so used,
but not including any such motor vehicle used for not more than five
days in case of emergency, or a motor vehicle while also used for
the common carriage of the public under a certificate and permit issued
under Sections 7 and 8 of Chapter 159A of Massachusetts General Laws.
A trailer so designed and used in combination with a tractor
that some part of the weight of such trailer and that of its load
rests upon, and is carried by, the tractor.
That portion of a street or highway set aside for pedestrian
travel.
The halting of a vehicle, whether occupied or not, other
than for the purpose of, and while actually engaged in, receiving
or discharging passengers.
Any vehicle or object on wheels and having no motive power
of its own, but which is drawn by, or used in combination with, a
motor vehicle.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a street or highway, including
bicycles, when the provisions of these rules are applicable to them,
except devices moved by human power, devices used exclusively upon
stationary rails or tracks, and devices deriving their power for operation
from stationary overhead wires.
A.
Investigation. Upon a receipt of a complaint, both
the South Fayette Police Department, a South Fayette Police Officer
and/or the South Fayette Township Code Enforcement Department and/or
Code Enforcement Officer are authorized to investigate all complaints
concerning if there is a possible violation of this article that may
create a public nuisance as defined within this section.
B.
Determination of a public nuisance. Any of the following
activities would constitute a violation of this article and as such
would be a public nuisance.
(1)
Commercial vehicles, tractor trailers, semitrailers,
commercial vans or buses, as defined, stopped on any public way or
roadway for more than one hour, except for the actual loading or unloading
of materials.
(2)
A driver parked or standing a motor vehicle of any
type having a gross vehicle weight in excess of 12,000 pounds between
the hours of 9:00 p.m. of one day and 8:00 a.m. of the following day
or anytime on Sunday, on any part of any street, way, highway, road
or parkway under the control of the Township that is residential.
"Residential" shall be the territory contiguous to any street, way,
highway, road or parkway under the control of the Township where the
dwelling houses are situated at such distances as will average less
than 500 feet.
(3)
No driver shall park or stand any commercial vehicle
or semitrailer having a capacity of one ton or over for more than
one hour between nine 9:00 p.m. of one day and eight 8:00 a.m. of
the following day, or at anytime on Sunday, on any part of any street,
way, highway, road, or parkway under the control of the Township,
where parking or standing a vehicle is not otherwise prohibited, provided
that this regulation shall not apply during the actual loading or
unloading of materials.
(4)
A driver parked or standing a motor vehicle of any
type having a gross vehicle weight in excess of 12,000 pounds between
the hours of 9:00 p.m. of one day and seven 7:00 a.m. of the following
day, on any part of any private street, way, highway, road or parkway,
parking lot or loading area that is within a residential area. "Residential"
shall be the territory contiguous to any street, way, highway, road
or parkway under the control of the Township where the dwelling houses
are situated at such distances as will average less than 500 feet.
C.
Exemption. The following exemptions shall apply to
all aforementioned regulations of this article.
(1)
School buses authorized or used by the South Fayette
Township School District as part of their normal course of transporting
students, faculty, employees, and/or volunteers of the School District.
(2)
All vehicles parked or standing within commercial
or industrial property used in the daily operation of that facility
in meeting the core functions of the business and/or operation of
the company located on that property. Further, they shall comply with
all other applicable Township zoning regulations.
(3)
All emergency vehicles.
(4)
All federal, state, county, and local vehicles actively
engaged in the core function of the governmental agency.
(5)
During a time of emergency, such regulation may be
lifted at the discretion of the Board of Commissioners, Township Manager,
Chief of Police, Fire Chief(s) and/or Emergency Management Coordinator.
D.
Enforcement; violations and penalties.
(1)
Enforcement of this article shall be the responsibility
of the South Fayette Township Police Department and/or the South Fayette
Township Code Enforcement Department.
(2)
Any person or entity in violation of this article
shall be, upon conviction, subject to a fine of not more than $1,000,
plus the costs of prosecution and reasonable attorney's fees. In default
of payment of such fine, costs and fees, said person in violation
shall be subject to a term of imprisonment of not more than 30 days.
Each day's violation shall be considered to be a separate offense
under this article.
