59.96.1.
For the purposes of this ordinance the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
59.96.2.
VEHICLES — For the purpose of this ordinance shall mean
any motor vehicle, the wheels of which, or the traction thereof, is
equipped with cleats, blocks, studs, flanges, or any other protuberance.
59.96.3.
SECRETARY — Is the Secretary of the Municipality of Bethel
Park.
59.96.4.
MUNICIPAL — Is any person, firm, partnership, association,
corporation of any kind.
59.96.5.
MUNICIPAL — Is the Municipality of Bethel Park.
59.96.6.
ENGINEER — Is the official engineer appointed by the Municipality
of Bethel Park.
[1]
Editor's Note: This ordinance was formerly included in chapter
on Vehicle and Traffic, but was removed upon adoption of Code.
59.97.1.
No person shall move any vehicle while the wheels of which,
or the traction thereof, is equipped with cleats, blocks, studs, flanges,
or any other protuberance, over, along or across any highways, streets
or alleys in the Municipality without first obtaining a permit from
the Municipal Secretary.
59.98.1.
A person seeking issuance of a permit hereunder shall file an
application for such permit with the Municipal Secretary.
1.
"Form", the application shall be made in writing upon forms provided
by the Municipal Secretary, and said application shall be filed in
the office of the Municipal Secretary.
2.
"Contents", the application shall set forth:
a.
A description of the vehicle proposed to be operated, giving the
make of the vehicle, the size of the vehicle and the condition of
the wheels or traction thereof, as well as the type of wheels and
traction.
b.
The highways, streets and alleys over, along or across which the
vehicle is proposed to be moved.
c.
The time when said vehicle is proposed to be operated, showing the
date and hours.
d.
The statement as to whether the vehicle will merely traverse the
highways, streets and alleys of the Municipality or whether the applicant
proposes to actually operate the vehicles on the said highways, streets
and alleys in the performance of the vehicles usual function.
e.
The number of vehicles proposed to be operated.
f.
Any additional information which the Municipal Secretary shall find
necessary to make a fair determination of whether a permit should
be issued.
3.
"Fee". The application shall be accompanied by a permit fee in the
amount of $5 for each vehicle. Said fee shall be deposited by the
Municipal Secretary to the general account of the Municipality of
Bethel Park.
4.
"General Deposit". The application hereunder shall be accompanied
by a cash deposit in a sum to be determined by the Municipal Engineer
as an indemnity for any damage which the Municipality may sustain
by reason of damage or injury to any highway, street or alley, sidewalk,
fire hydrant, or other property of the Municipality, which may be
caused by or be incidental to the operation of a vehicle when the
wheels of which or the traction thereof are equipped with cleats,
blocks, studs, flanges or any other protuberance.
59.99.1.
Any person filing an application hereunder may, in lieu of the
cash deposit required above, file with the Secretary of the Municipality,
a bond, approved as to form by the Municipal Solicitor, executed by
a bonding or surety company authorized to do business in the Commonwealth
of Pennsylvania in amount determined by the Municipal Engineer, conditioned
upon the issuance that this and other applicable ordinance and laws
shall be complied with. Such bonds shall run to the Municipality for
the use and benefit of the Municipality and shall be conditioned on
the payment of any damage to public property from any act in connection
with any of the activities or conditions upon which the permit applied
for is granted.
59.100.1.
The Municipal Engineer shall inspect the highways, streets and
alleys proposed to be use by the applicant and shall fix the cash
deposit on the bond in amount sufficient to restore the paved surface
of the Municipal highway, street or alley to its normal condition
if the said paved surface should be damaged, injured or destroyed
by reason of the operation of a vehicle, the wheels of which or the
traction thereof are equipped with cleats, blocks, studs, flanges
or other protuberances.
59.101.1.
Permittee hereunder shall comply with all permit directions
and conditions ad with all applicable laws and ordinances. The permittee
may use the permit granted for the specific term provided for in the
application. The permit shall be non-assignable and in the event of
an assignment of the same the permit shall become immediately void.
1.
The permittee may operate the vehicles only upon the highways, streets
and alleys designated for such use in the written permit.
2.
The permittee shall notify the Municipal Secretary in writing of
any change in the route proposed or the time proposed in the application.
3.
The permittee shall notify the Municipal Secretary in writing of
any all damage done to property of the Municipality of Bethel Park
within 24 hours after the injury or damage has occurred.
59.102.1.
Any person aggrieved by the provisions stated above shall have
the right to appeal the denial of a permit to the Council of the Municipality
of Bethel Park. The appeal shall be taken within five days after notice
of the denial and Council shall act upon the said appeal at or before
the next regular meeting of Council following the filing of the appeal.
Any person aggrieved by the decision of Council shall have the right
to appeal to the courts of the Commonwealth as provided by law.
59.103.1.
Any person, firm or corporation violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof before the magistrate, shall be sentenced to pay
a fine in an amount not exceeding $100, together with the costs of
prosecution and in default of the payment thereof undergo imprisonment
for a period of 30 days. Each day such violation is committed or permitted
to continue, shall constitute a separate offense and shall be punishable
as such hereunder.
59.104.1.
If any section, sub-section, sentence, clause, phrase or portion
of this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
59.105.1.
The provisions of this ordinance shall not apply to privately
owned passenger vehicles, vehicles used for mass transportation, or
commercial vehicles operated upon the road and streets of the Municipality
of Bethel Park which said vehicles shall have attached to the periphery
of its wheels, snow chains for emergency use on snow or ice.
59.106.1.
That any ordinance or parts of ordinance conflicting with the
provisions of this ordinance, be and the same are hereby repealed
to the extent of such conflict.
