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 as ascribed to them in the Vehicle Code (75 Pa.C.S.A.
§ 101 et seq.), 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.
ABANDONED VEHICLE
(1)
(a)
(b)
(c)
(2)
AUXILIARY POLICE OFFICER
BOARD OF SUPERVISORS
CHIEF OF POLICE
FIRE MARSHAL
FIRE POLICE
POLICE DEPARTMENT
PORTABLE STORAGE UNIT
SCHOOL CROSSING GUARD
STREET
TOWNSHIP
TOWNSHIP MANAGER
TRASH DUMPSTER
VEHICLES
For the purpose of this chapter, the following terms shall have the
meanings indicated:
A vehicle (other than a pedalcycle) shall be presumed to be
"abandoned" under any of the following circumstances:
The vehicle is physically inoperable and is left unattended
on a highway or other public property.
The vehicle has remained illegally on a highway or other public
property.
The vehicle is left unattended on or along a highway or other
public property and does not bear all of the following:
Vehicles and equipment used or to be used in construction or
in the operation or maintenance of highways or public utility facilities
which are left in a manner which does not interfere with the normal
movement of traffic shall not be considered to be "abandoned."
Any member in good standing of the auxiliary force maintained
by the Police Department and certified by the Board of Supervisors.
The Board of Supervisors of Upper Merion Township.
The Chief of the Police Department of Upper Merion Township.
The Fire Marshal of Upper Merion Township.
Includes members of their respective fire companies assigned
to the traffic, security or crowd control function and certified by
the Chief of Police.
The Police Department of Upper Merion Township.
Any container designed for the outdoor storage of personal
property which is typically rented to owners or occupants of property
for their temporary use and which is delivered and removed by vehicle.
Any person assigned by the Police Department for the purpose
of crossing or supervising school children and certified as such by
the Chief of Police.
Any highway or roadway within the boundaries of Upper Merion
Township.
Upper Merion Township.
The Township Manager of Upper Merion Township.
Any container designed for temporary storage of rubbish which
is typically delivered and picked up by means of a roll-off truck.
Excludes baby carriages, invalid chairs or similar devices
when operated upon a sidewalk.
C.
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, or days celebrated as such.
D.
In this chapter, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
A.
Authority and considerations for placement of devices. A Traffic
Regulations Commission, which shall consist of the Traffic Safety
Unit of the Police Department, the Director of Public Services of
Upper Merion Township or his designee and a member of the Board of
Supervisors, who shall act as a liaison with the Board, is hereby
authorized to place and maintain traffic control devices upon any
street or highway under municipal jurisdiction as are necessary to
effectuate the provisions of this Traffic Code or to regulate, warn
or guide traffic and such other traffic control devices as such Commission
shall deem necessary for the proper control of traffic. The Commission
shall determine the location, timing and coordination of such traffic
control devices upon the basis of an applicable engineering or traffic
investigation and shall consider the following:
(1)
The maximum safety and protection of vehicular and pedestrian traffic
from physical injury or property damage.
(2)
The existing and potential traffic movement, volume and conditions.
(3)
The location and frequency of accidents, including studies of remedial
measures.
(4)
The recommendations of the Chief of Police and Fire Marshal.
(5)
The acceleration of transportation of persons and property by vehicles
so as to expedite travel and promote public safety.
(6)
The convenience and welfare of the general public in parking, standing,
loading and unloading and the use of the streets as affecting business
concerns and places of assembly.
(7)
Economy in the expenditure of money.
B.
Conformity with state manual. All traffic control devices placed
pursuant to the provisions of this Traffic Code shall conform to the
State Department of Transportation Regulations - Traffic Signs, Signals
and Markings (Publication 68).
C.
Powers of Traffic Regulations Commission. The Commission is hereby
authorized to:
(1)
Designate any street or highway as a through street or highway and
require that all vehicles stop or yield the right-of-way as may be
required before entering the same.
(2)
Designate any intersection as a stop intersection and require all
vehicles to stop at one or more entrances to such intersection.
(3)
Designate any intersection as a yield intersection and require all
vehicles to yield the right-of-way as required.
(4)
Designate any street as a one-way street and require that all vehicles
thereon be moved in one specific direction.
(5)
Designate and mark lanes to be used by traffic moving in a particular
direction regardless of the center line of the roadway.
(6)
Erect signs directing slow-moving traffic to use a designated lane
or allocating specified lanes to traffic moving in the same direction.
(7)
Designate those portions of any street where overtaking and passing
other traffic or driving to the left of the center or center line
of the roadway would be especially hazardous, by appropriate signs
or markings on the street to indicate the beginning and end of such
zones. Such zones may be marked by an auxiliary yellow line placed
parallel and to the right of the normal center line or offset marked
lane line.
(8)
Place markers, buttons or signs within or adjacent to intersections
and require that a specific course of direction be traveled by vehicles
proceeding in lanes by either permitting, prohibiting or requiring
turns at such intersections.
(9)
Install traffic control devices, signals and signs at any location
to regulate traffic.
(10)
Establish safety zones, crosswalks, zones of quiet and play
streets.
(11)
Close any street or portion thereof to vehicular traffic which
is in the process of construction, reconstruction or repair.
(12)
Designate snow emergency routes.
(13)
Determine the location and limiting hours of truck-loading zones.
(14)
Designate dangerous railroad crossings and erect stop signs
thereat.
(15)
Erect No U-turn signs at any location to prohibit a vehicle
from being turned so as to proceed in the opposite direction.
(16)
Regulate or prohibit the stopping, standing and parking of vehicles
on streets, alleys or public property by erecting signs plainly indicating
the prohibitions, restrictions or limitations.
(17)
Designate individual parking spaces by markings, which may either
be parallel or at a prescribed angle to the curb or edge of the roadway.
(18)
Designate intersections where no turn on red will be permitted.
(19)
Designate weight limits for streets and bridges within the Township.
D.
Posting of signs and signals required. No provision of this chapter
shall be effective until signs, signals, markings or other devices
giving notice of such local traffic regulations are posted upon or
at the entrance to the street or part thereof affected, as may be
most appropriate, so that in a proper position they are sufficiently
legible to be seen by an ordinarily observant person.
E.
Traffic regulations. The powers of the Commission shall not be limited
by the specific enumeration of subjects contained in this chapter.
F.
Records of Traffic Regulations Commission. The Traffic Regulations
Commission shall keep a record of all rules, regulations and proceedings
promulgated in connection with this chapter.
G.
Reservation of power to Board of Supervisors. Notwithstanding the
provisions of this chapter, the Board of Supervisors may override
any decision of the Traffic Regulations Commission and may assume
any of the powers delegated to such Traffic Regulations Commission
with respect to any particular regulation or the application thereof
to any particular person, time, place or thing.
A.
The Township Manager or Chief of Police 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.
(2)
In the case of emergency public works or public events of limited
scope or duration, to restrict or prohibit traffic and/or parking
in limited areas for periods of not more than 72 hours.
B.
These temporary and emergency regulations shall be enforced by the
Township Manager and the Police Department in the same manner as permanent
regulations. Any person who drives or parks a vehicle in violation
of any such regulation or who shall move, remove, destroy, injure
or deface any sign or marking erected, posted or made to give notice
of any such regulations shall, upon conviction thereof, be liable
to the penalty set forth in the law for a violation of that nature
and, in case of a violation for which no specific penalty is set out
in the law or elsewhere in this chapter, to a fine of $25 and costs.
The purpose of this section is to allow for test and experimental
determination of the feasibility and desirability of permanent changes
in the ordinances of the Township relative to traffic and parking.
The Board of Supervisors may, from time to time, designate places
upon and along streets 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
those locations by proper signs and markings. Those regulations, prohibitions
and restrictions shall have the same effect as if specified in this
chapter. No person shall drive or park a vehicle 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 violates any provision
of this section shall, upon conviction, be liable to the penalty set
out in the law or elsewhere in this chapter for a violation of that
nature and, in case of a violation for which no specific penalty is
set out in the law or elsewhere in this chapter, to a fine of $25
and costs.
A.
The Township Manager or Chief of Police 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 dosed portion.
B.
The Township Manager or Chief of Police 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 the vehicle,
by a flag or other device, not proceed.
The police officers, auxiliary police officers, school crossing
guards and fire police officers of the Township and Township fire
companies shall have authority to direct traffic on the streets in
the Township at intersections in public and in other places where
the Vehicle Code or this chapter applies.
This chapter shall be enforced by the police officers and special
officers of Upper Merion Township.
A.
Violations generally. Unless another penalty is expressly provided
by the Pennsylvania Vehicle Code[1] or except as hereinafter specified, every person convicted of a violation of a provision of this chapter shall be liable, upon summary conviction, to a penalty as set forth in Article III, General Penalty Provisions, of Chapter 1, General Provisions, and costs of prosecution.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
B.
Parking violations. Any person violating the provisions of this chapter pertaining to parking, including time limit parking but excluding those parking prohibitions in Article IX, shall, upon conviction, be guilty of a summary offense and be sentenced to pay a fine as set forth in Article III, General Penalty Provisions, of Chapter 1, General Provisions, and costs of prosecution, except as provided in Subsection C below.
C.
Exceptions.
(1)
Police officers of Upper Merion Township shall have authority to
enforce limited-time parking regulations and temporary no-parking
regulations.
(2)
In any case where a police officer has given notice of any violation of limited-time parking regulations or of temporary no-parking regulations, by either handing to the offending driver or affixing to the vehicle in question a ticket on which is noted the time, place and nature of the violation charged, the owner of such vehicle may, within 48 hours after the time such notice was handed to the offending driver or affixed to or placed onto the vehicle in question, pay by mail or at police headquarters, as a guilty plea and as a penalty for and in satisfaction of each such violation, the sum as set forth in Article III, General Penalty Provisions, of Chapter 1, General Provisions.
It shall be lawful for the Police Department to use such electronic,
electrical and mechanical speed-timing devices as permitted by the
Pennsylvania Motor Vehicle Code for the purpose of timing and determining
the speed of motor vehicles traveling on the highways, streets and
alleys of the Township. Said timing devices shall be of a type and
manufacturer which is from time to time approved by the Pennsylvania
Department of Transportation.
