[Added 4-17-2014 by Ord. No. 2014-01]
The purpose of this article is to provide for the declaration
of a storm emergency in the event of storm conditions that are expected
to cause or that have caused roads in the Township to become hazardous,
partially impassable or fully impassable.
This article is enacted pursuant to the enabling authority of
the Second Class Township Code, 53 P.S. § 1202(17), (74),
the Vehicle Code, 75 Pa. C.S.A. § 6109, and the Pennsylvania
Emergency Management Services Act, 35 Pa. C.S.A. § 7501,
and relevant regulations promulgated thereunder.
In the expectation or upon the occurrence of storm conditions
that are deemed to endanger the health, safety and/or welfare of the
residents of the Township and those traveling in and through the Township,
the following individuals may declare a storm emergency:
Upon the declaration of a storm emergency, the declaration shall
be provided, in writing, to the local radio station that normally
broadcasts in the area of the Township, to the local television station
that normally broadcasts in the area of the Township, to the newsroom
of a newspaper of general circulation in the Township, the Township
and County Emergency Management Coordinators, and the Pennsylvania
Emergency Management Agency. If there is staff able to appear at the
Township Building to post such notice or able to post such notice
from a remote location, the declaration also shall be posted at the
Township Building and upon the Township's internet site.
Without limitation of any other power lawfully possessed by
the Township, during the duration of a declared storm emergency the
Township shall have the following powers:
A.
To authorize and direct Township employees and agents to perform
work, including the operation of commercial vehicles, beyond the time
limits normally imposed or permitted for those operating such vehicles,
provided that at all times only an individual with a commercial driver's
license shall operate a commercial vehicle;
B.
To close a Township road or section thereof, to restrict the type
of vehicles using a Township road (such as allowing only emergency
vehicles or four-wheel or all-wheel drive vehicles), or to alter the
manner in which a Township road may be used (such as prohibiting parking
or making a road one-way only); and
C.
To authorize the use of vehicles on Township roads not normally permitted
to use such roads (such as, to snowmobiles or tractors).
Unless permitted for a longer period by law or by operation
of a Commonwealth- or national-declared emergency, the declaration
shall not continue for a period in excess of seven days without the
consent of a majority of the Board of Supervisors. Such consent may
be obtained by telephone or other means of communication and without
need for strict compliance with the Pennsylvania Sunshine Law.
The declaration of storm emergency and any consent by the Board
of Supervisors for duration of the emergency for a period exceeding
seven days shall be ratified by official action taken by the Board
of Supervisors at the next meeting of the Board of Supervisors that
follows the publication of the declaration of storm emergency.
This article is a regulatory scheme for the protection of health,
public safety, and welfare, and shall be enforceable pursuant to the
Second Class Township Code, 53 P.S. § 1601(c) and without
limitation on any other legal or equitable remedy available to the
Township in the event of a violation of the article. Any person violating
any of the provisions of this article shall upon conviction in a summary
offense proceeding be subject to a fine not to exceed $1,000 or be
less than $100 for each offense and the costs of prosecution and in
default of payment of such fine and the costs of prosecution shall
undergo imprisonment for a period not exceeding 10 days. Each day
of violation shall be deemed to be a separate offense.
