[Amended 10-15-2003 by Ord. No. 578; 2-16-2011 by Ord. No. 599]
This article shall be known as "Motor Vehicle Weight Limitation
Ordinance."
This article is enacted pursuant to the authority conferred
by the Vehicle Code, Act of 1976, June 17, P.L. 1962, No. 81, § 1,
effective July 1, 1977 (75 Pa.C.S.A. § 101 et seq.), as
amended and is intended to include and be subject to all provisions
of § 4902 of the Vehicle Code, 75 Pa.C.S.A. § 4902,
and all Pennsylvania Department of Transportation regulations promulgated
or to be promulgated under the Vehicle Code, by way of illustration
and not limitation, under §§ 4902(f) and 6103 [75 Pa.C.S.A. §§ 4902(f)
and 6103].
The following words when used in this article shall have the
following meanings, unless the context clearly indicates otherwise:
A fire department vehicle, police vehicle, ambulance, blood
delivery vehicle, armed forces emergency vehicle, one private vehicle
of a fire or police chief or assistant chief, or ambulance corps commander
or assistant commander, or of a river rescue commander used for answering
emergency calls, or other vehicle designated by the State Police under § 6106
of the Vehicle Code (relating to designation of emergency vehicles
by Pennsylvania State Police).
Emergency vehicles and school buses, defined hereinafter,
vehicles and combinations or governmental entities and utilities where
their contractors are engaged in construction or maintenance on a
posted highway or in a location which can be reached only via a posted
highway, and vehicles and combinations going to or coming from a residence
or farm located on a posted highway or which can be reached only via
a posted highway.
Any vehicle or combination as defined and governed by the
Vehicle Code, 75 Pa.C.S.A. § 101 et seq., as amended.
A motor vehicle designated for carrying more than 10 passengers,
exclusive of the driver, and used for the transportation of school
children.
The Borough Council has determined and hereby determines based
upon engineering studies conducted by the Pennsylvania Department
of Transportation and otherwise that the following roads or streets
may be damaged or destroyed unless the permissible weight of motor
vehicles is restricted to the weight limits listed:
|
Local Name
|
Location
|
Weight Limit
(tons)
|
|---|---|---|
|
Allegany Avenue
|
Entire road
|
10
|
|
Arch Street
|
Entire road
|
10
|
|
Avenue A Road
|
Entire road
|
10
|
|
Chestnut Street
|
Entire road
|
10
|
|
Damascus Road
|
Entire road
|
10
|
|
Dwight Street
|
Entire road
|
10
|
|
Elk Street
|
Entire road
|
10
|
|
Eulalia Avenue
|
Entire road
|
10
|
|
Maple Street
|
Entire road
|
10
|
|
Mill Street
|
Entire road
|
10
|
|
North West Street
|
Entire road
|
10
|
|
Niles Hill Road
|
Entire road
|
10
|
|
Oak Street
|
Entire road
|
10
|
|
Park Avenue
|
Entire road
|
10
|
|
Parkview Street
|
Entire road
|
10
|
|
Reese Hollow Road
|
Entire road
|
10
|
|
Ross Street
|
Entire road
|
10
|
|
South West Street
|
Entire road
|
10
|
|
Second Street
|
Entire road
|
10
|
|
Water Street
|
Entire road
|
10
|
A.
Pursuant to the findings under § 415-29, supra., and by authority of Title 75, § 4902 of the Pennsylvania Vehicle Code, and regulations promulgated thereunder, no motor vehicle or combination shall be operated upon any of the streets or roads listed in § 415-29 with gross weight in excess of the weight limits listed for said road in § 415-29.
B.
Local traffic as defined herein shall be exempted from the restrictions imposed under Subsection A above. However, if the Borough Council determines that any local traffic is likely to damage the street or road, the Borough Council will so notify the registrants of the motor vehicle or combination and will also notify State Police. After two business days following delivery of the notice, or after five days following mailing of the notice, such local traffic vehicles shall not exceed the weight limits except in accordance with § 415-29.2 hereof.
A.
Individuals or entities wishing to operate vehicles in excess of
established weight limits on restricted-weight Borough roads or bridges
may apply for a permit to do so on a form provided by the Borough.
Said permit application will be referred to the Borough Manager who
shall:
(1)
Place the issue on the agenda for a meeting of the Borough Council;
and
(2)
Consult with the Borough Engineer if necessary to determine
the amount of security bond to be posted by the applicant. The amount
of security shall be calculated in accordance with Title 67, Chapter
189, of the Pennsylvania Code, PennDOT Publication 221 or its equivalent;
and
(3)
Present a recommendation to the Borough Council to include the
amount of security to be posted by the applicant if the permit is
approved; and
(4)
With the applicant (if practical) and immediately prior to the
issuance of the permit, perform a preuse inspection of the portion
of the road to be used.
B.
No permit will be issued until the application is approved by the
Borough Council at a scheduled public meeting and, if required, security
has been posted with the Borough. The Borough Council may, by resolution,
delegate the authority to approve permits and set security to the
Roadmaster or other official of the Borough Council.
C.
All actions taken under the authority of this section shall be taken
in accordance with the rules and regulations adopted by the Commonwealth
of Pennsylvania, Department of Transportation, as found in Title 67
of the Pennsylvania Code.
The Borough shall erect or cause to be erected and maintained
restriction signs designating the restrictions at the end of the portion
of road restricted as provided in this article. In the case of a restriction
on a road which has not begun or ended at an intersection with an
unrestricted highway, the Borough shall also place an advance informational
sign at the intersection nearest each end of the restricted portion
of the road which would allow drivers to avoid the restricted portion
of road.
A.
Any person operating a motor vehicle or combination upon a road or
bridge in violation of a prohibition or restriction imposed under
this article shall, upon conviction by a District Judge, pay a fine
consistent with the applicable section of the Pennsylvania Motor Vehicle
Code in effect at the time of the violation.
B.
The current applicable section of the Vehicle Code, namely, 75 Pa.C.S.A. § 4902(g),
states:
|
(g)
|
Penalty.
| ||
|
(1)
|
Any person operating a vehicle or combination upon a highway or bridge in violation of a prohibition or restriction imposed under subsection (a) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $75, except that any person convicted of operating a vehicle with a gross weight in excess of a posted weight shall, upon conviction, be sentenced to pay a fine of $150 plus $150 for each 500 pounds, or part thereof, in excess of 3,000 pounds over the maximum allowable weight.
| ||
|
(2)
|
Any person operating a vehicle or combination in violation of a prohibition imposed under subsection (b) is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $25 and not more than $100.
| ||
