[Ord. 1995-2, 3/14/1995]
This Part shall be known and may be referred to as the "Borough Snow Emergency Route Ordinance."
[Ord. 1995-2, 3/14/1995]
CHAINS — Full chains, strap chains or other types of chains so mounted to give motor vehicles traction in snow as that term is described hereinafter.
SNOW
Any precipitation depositing any accumulation on the streets of the Borough of Burnham, and including not only snow, but for purposes of this Part also including sleet, hail, freezing rain or ice.
SNOW EMERGENCY
A state of emergency, as declared herein, such that highway conditions are hazardous and dangerous to vehicular and pedestrian traffic.
SNOW EMERGENCY ROUTES
All streets, roads or alleys within the Borough of Burnham designated and marked as noted herein.
SNOW TIRES
Tires which, when compared with conventional rib-type passenger car or light truck tires, have a relatively aggressive tread pattern and are designed primarily to provide additional starting, stopping and driving traction in mud and snow. The tread shall also have ribs, lugs, blocks or buttons, be generally discontinuous, and have the following characteristics when inflated:
A. 
A substantial portion of the lug, block or rib edges in the tread design shall be at an angle greater than 30° to the tire circumferential center line.
B. 
On at least one side of the tread design, the shoulder lugs shall protrude at least 1/2 inch in a direction generally perpendicular to the direction of travel.
C. 
Tires manufactured on or after January 1, 1976, shall be permanently labeled on at least one sidewall with the words "mud and snow" or any construction using the letters "M" and "S": such as MS, M/S, M-S, M&S and the like. "Snow tires," as defined above, to be considered "snow tires" for purposes of this Part shall have sufficient tread remaining thereon and shall be in such condition so as to serve the purpose for which they would pass in relation to a lawful and proper annual safety inspection of the vehicle as required by law.
VEHICLES
All motor vehicles utilizing Borough streets, roads and alleys, as the term "motor vehicle" is defined by the Vehicle Code, Act of June 17, 1976, P.L. 162, No. 81, § 1 et seq., (75 Pa.C.S.A. § 101 et seq.), as it may be amended, supplemented or superseded from time to time.
[Ord. 1995-2, 3/14/1995]
1. 
The Mayor, with the approval of Borough Council by resolution, shall designate streets which are heavily traveled and necessary thorough fares for the movement of vehicular traffic through the Borough as "snow emergency routes." Such designation shall take into consideration State highway routes, fire apparatus emergency routes and other commonly traveled roads, streets and alleys.
2. 
Each of such routes shall be posted with snow emergency route signs which may restrict parking, as determined necessary by the Mayor, as approved by Borough Council by resolution duly adopted. Said signs shall conform in size, lettering and content to size prescribed by regulations for snow emergency route signs adopted by the Pennsylvania Department of Transportation, from time to time.
3. 
A map of such snow emergency routes shall be filed with the Borough Secretary and other copies thereof shall be made available for public examination in the office of the Borough Secretary and the Ordinance Enforcement Officer.
4. 
The Mayor, with the approval of Borough Council by resolution duly adopted, may change the snow emergency routes and the map from time to time, the revised maps being available, as aforesaid, and the said revised snow emergency routes being duly posted with signs, as aforesaid.
5. 
Designation of Snow Emergency Routes.
Street
Between
Beech Street, North
Entire length
Dry Valley Road
South Walnut Street to the line with Derry Township
First Avenue
Entire length
Fourth Street
South Walnut Street to Dry Valley Road
Freedom Avenue
Entire length, east and west
Ridge Street
Entire length
Walnut Street, South
Entire length
Walnut Street, North
Entire length
[Ord. 1995-2, 3/14/1995]
When, in the opinion of the Mayor, the actual or expected accumulation of snow, as defined herein, will create hazardous or dangerous highway conditions for motor vehicle traffic or for pedestrian traffic, he/she is hereby authorized to declare a snow emergency. He/she shall immediately inform the news media, including radio stations and at least one newspaper of general circulation in the Borough (notification of the radio and newspaper shall be deemed complete when notice is given to the radio stations and newspaper and not when the radio stations and newspaper deems it appropriate to disseminate the same). The snow emergency shall continue until the Mayor shall declare the emergency no longer exists by media notification in the same manner as above.
[Ord. 1995-2, 3/14/1995]
Within two hours after the snow emergency has been declared and during its existence, the following shall apply:
A. 
No motor vehicle shall be parked on a snow emergency route unless signs, posted in accord with this Part, permit such parking.
B. 
Any person who operates a motor vehicle without chains or snow tires upon any street, road or alley designated as a snow emergency route, which motor vehicle becomes stalled or incapable of moving under its own power, or any person who leaves a motor vehicle parked (except to the extent parking is permitted per Subsection A hereinabove) or unattended upon such street, road or alley, shall be in violation of this Part and subject to the penalties herein.
C. 
Any motor vehicle parked (except to the extent parking is permitted per Subsection A hereinabove), stalled, incapable of moving under its own power, or left unattended upon any such snow emergency route, may be removed or towed to any location by persons authorized by the Borough of Burnham so to do. The cost of such removal and towing may be assessed against the owner of such motor vehicle, and if the owner fails to pay the cost of removal and towing, the Borough may file a municipal lien or claim pursuant to the Act of the Commonwealth of Pennsylvania authorizing Municipal Liens and Claims, Act of May 167, 1923, P.L. 207, § 1 et seq., 53 P.S. § 7101 et seq., as it has been amended and supplemented, and as it may be amended and supplemented, from time to time hereafter.
[Ord. 1995-2, 3/14/1995]
The Borough, through its designated personnel, shall first remove snow from snow emergency routes so designated and, thereafter, in the priority adopted by Borough Council from time to time, shall remove snow from those other streets not designated as snow emergency routes.
[Ord. 1995-2, 3/14/1995]
It shall be unlawful for any person to throw, shovel, cast, move, place, pile, deposit, blow or dump snow or ice removed from sidewalks, driveways or other areas into the streets, roads or alleys, designated as a snow emergency route or for any person, when the cartway of the street, road or alley shall have been cleared or partially cleared, to throw, shovel, cast, move, place, pile, deposit, blow or dump snow or ice in the cleared cartway or passageway area of a snow emergency route.
[Ord. 1995-2, 3/14/1995]
1. 
If at any time during a period of snow emergency declared pursuant to this Part, a person shall park a motor vehicle or leave it unattended upon a snow emergency route (except to the extent parking is permitted per § 505A hereinabove), that person shall be guilty of a violation of this Part, and, upon conviction, shall be sentenced to pay a fine of not more than $15 and costs.
2. 
If at any time during a period of snow emergency declared pursuant to this Part, a person operates a motor vehicle without chains or snow tires upon any street, road or alley designated as a snow emergency route and said motor vehicle becomes stalled or incapable of moving under its own power upon any such snow emergency route, that person shall be guilty of a violation of this Part, and, upon conviction, shall be sentenced to pay a fine of not more than $25 and costs.
3. 
If at any time during a period of snow emergency declared pursuant to this Part, a person shall throw, shovel, cast, move, place, pile, deposit, blow or dump snow or ice removed from sidewalks, driveways or other areas into the streets, roads or alleys, designated as a snow emergency route or if any person, when the cartway of the street, road or alley shall have been cleared or partially cleared, throws, shovels, casts, moves, places, piles, deposits, blows or dumps snow or ice in the cleared cartway or passageway area of a snow emergency route, that person shall be guilty of a violation of this Part, and, upon conviction, shall be sentenced to pay a fine of not more than $25 and costs.