As used in this chapter, the following terms shall have the
meanings indicated:
COMMERCIAL VEHICLE
For purposes of this chapter, the term "commercial vehicle"
shall include:
A.
Any vehicle with a stated GVWR (gross vehicle weight rating)
of more than 5,500 pounds and classified as a Class 5 vehicle under
the Pennsylvania Motor Vehicle Code.
B.
Any part of a tractor-trailer combination, without regard to
GVWR.
C.
Any dump truck, without regard to GVWR.
D.
Construction equipment of any kind, including but not limited
to any crane, any backhoe, or any frontloader, "bobcat" or the like,
without regard to GVWR.
E.
Any vehicle with a mechanical bucket, without regard to GVWR.
F.
Any vehicle which has more than two axles, without regard to
GVWR.
G.
Any trailer, regardless of the length of the trailer, but specifically
excluding any trailer which is solely for home utility, recreational,
or other personal and noncommercial use, without regard to GVWR.
H.
Any tow truck or flatbed truck used for the transport of vehicles,
without regard to GVWR.
I.
Any vehicle the operation of which requires a commercial driver's
license with endorsements "P" or "S," without regard to GVWR.
J.
Notwithstanding the foregoing, under no circumstances shall
any vehicle which is owned by the Borough or other municipality, or
which is used in connection with the provision of fire, safety, rescue
or medical services within the Borough, be considered to be a commercial
vehicle.
Notwithstanding the foregoing, a commercial vehicle may be parked
in a residential district only under the following conditions:
A. When the commercial vehicle is parked for the purpose of making a
delivery to a residence;
B. When the commercial vehicle is not owned by the landowner and is
parked temporarily at a residence for purposes of providing contracting,
remodeling, renovation or construction services while such contracting,
remodeling, renovation or construction is underway; or
C. When the commercial vehicle cannot be seen from any lot at any time
of the year.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Borough lockup
for a period not exceeding 10 days or to the county jail for a period
not exceeding 30 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.