The following words and terms when used in this article shall
have the following meaning unless the context clearly indicates otherwise:
EXCESS MAINTENANCE
Maintenance or restoration or both, but not betterment of the posted highway in excess of normal maintenance caused by use of over-posted-weight vehicles. Excessive maintenance is maintenance required due to heavy hauling in excess of usual and routine activities. Normal maintenance activities include minor patching, cutting shoulders and repairing worn-out pipes. Excess maintenance activities include, but are not limited to, excessive patching and base repair, shaping of shoulders that are pushed and heaved due to heavy hauling, and replacement of crushed pipes. The existence of damage requiring excess maintenance and the scope of that excess maintenance will be handled in accordance with §
256-25B(3), Excessive maintenance agreement.
LOCAL TRAFFIC
The following shall be regarded as local traffic for the
purpose of this article:
A.
Fire and emergency vehicles.
C.
Vehicles and combinations of governmental agencies and utilities
or other contractors engaged in construction or maintenance on a posted
roadway or in a location which can be reached only by a posted roadway.
D.
Vehicles and combinations going to or coming from a residence,
commercial establishment or farm located on a posted roadway or which
can be reached only by a posted roadway.
NORMAL MAINTENANCE
Usual and typical activities necessary to maintain a roadway,
shoulders and drainage facilities in the state of repair existing
at the date of inspection prescribed in § 256-14B(6).
POSTING AUTHORITY
The Mayor and Council of the City of Lower Burrell or their
designee.
[Amended 12-12-2016 by Ord. No. 6-2016; 5-6-2019 by Ord. No. 2-2019]
Any person, firm or corporation who shall violate any provision
of this article or fails to comply therewith or with any of the requirements
thereof, upon conviction thereof in an action brought before a Magisterial
District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not less than $100 nor more than $1,000,
plus costs, including reasonable attorneys' fees incurred by
the City, and, in default of payment of said fine and costs, to a
term of imprisonment to the extent permitted by law for the punishment
of summary offenses. A separate offense shall arise for each day or
portion thereof in which a violation of this article is found to exist
and for each section of this article found to have been violated.
All fines and penalties collected for violations of this article shall
be paid to the City Treasurer.