[Ord. 97-7, 10/13/1997, § 15-101]
1.
Words and phrases, when used in this chapter, except for sections
or parts to which different or additional definitions apply, shall
have the meanings ascribed to them in the Vehicle Code, the Act of
June 17, 1976, P.L. 162 No. 81, as amended, except that, in this chapter
the word "street" may be used interchangeably with the word "highway",
and shall have the same meaning as the word "highway" as defined in
the Vehicle Code.
2.
The term "legal holidays" as used in this chapter shall mean and
include: New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day.
3.
In this chapter, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine.
[Ord. 97-7, 10/13/1997, § 15-102]
All traffic and parking regulations of a permanent nature shall
be enacted as ordinances, as parts of ordinances, as amendments to
ordinances, or as amendments to this chapter, except where the law
specifically authorizes less formal action.
[Ord. 97-7, 10/13/1997, § 15-103]
The provisions of this chapter, so far as they are the same
as those of ordinances and regulations in force immediately before
the enactment of this chapter, are intended as a continuation of those
earlier ordinances and regulations, and not as new enactments. Nothing
in this chapter shall affect any act done or liability incurred, or
any suit or prosecution pending or to be instituted under any of those
repealed or superseded ordinances or regulations.
[Ord. 97-7, 10/13/1997, § 15-104; as amended by
Ord. 06-10, 11/27/2006, § 1; by Ord. 12-01, 1/3/2012, § 1;
and by Ord. 17-03, 3/27/2017]
1.
The Board of Supervisors, and in the case of emergency, the Chairman,
shall have the following powers to regulate traffic and parking temporarily
and in times of emergency:
A.
In the case of flood, fire, storm or other emergency to establish
temporary traffic and parking regulations.
B.
In the case of emergency, or to facilitate the public works, or in
the case of the conduct or processions, parade or public events, to
restrict or prohibit traffic or parking in limited areas for periods
of not more than 48 hours.
C.
In the case of a storm resulting in snowfall accumulation of two
inches or more on or about the public road surfaces or cartways, parking
or standing on or about all federal, state or Township road surfaces
or the shoulders of rights-of-ways adjacent. In the event the snowfall
accumulation commences between 8:00 p.m. and 8:00 a.m., exceeding
two inches during that time period, said vehicle shall be removed
by 8:00 a.m. No parking or standing restriction are to continue for
a period of 24 hours after the end of the storm or until the road
surface has been plowed and cleared from the edge of the roadways
or from the curb to curb, whichever occurs later. Any person violating
any provision of this section shall be subject to removal and towing
of the vehicle from the public road surface and adjacent shoulders
or rights-of-way to be stored at a location to be identified by the
Township, such towing and storage to be at the owner's sole cost and
expense and shall, upon conviction before a magisterial district judge,
be further sentenced to pay a fine which shall not be less than $50
nor more than $75.
D.
Such temporary and emergency regulations shall be enforced by the
New Hanover Township Police Department in the same manner as permanent
regulations.
[Ord. 97-7, 10/13/1997, § 15-105]
The Board of Supervisors may, from time to time by resolution,
designate places upon and along the highways in the Township where,
for a period of not more than 90 days, specific traffic and/or parking
regulations, prohibitions and restrictions shall be in force and effect,
and shall designate such locations by proper signs and markings. Such
regulations, prohibitions and restrictions shall be effective as if
they had been specified in this chapter. No person shall operate and
no person shall move, remove, destroy or deface any sign or marking
erected, posted or made by authority of this section. Any person who
shall violate any provision of this section, upon conviction thereof,
shall be subject to the penalty set forth in the law or elsewhere
in this chapter for a violation of such nature, and in case of a violation
for which no specific penalty is set forth in the law or elsewhere
in this chapter, to a fine of not more than $25 together with costs
of prosecution; provided, the purpose of this section is to allow
for the test and experimental determination of the feasibility and
desirability of permanent changes in the ordinances of the Township
of New Hanover relative to traffic and parking.
[Ord. 97-7, 10/13/1997, § 15-106]
1.
The Board of Supervisors shall have authority to close any street
or specific part of a street to vehicular traffic and to place barriers
or station police officers at each end of the closed portion, while
construction or maintenance work is under way or a special event is
being conducted on the closed portion. It shall be unlawful for any
person to drive a vehicle upon any such closed portion.
2.
The Board of Supervisors shall have authority to establish a restricted
traffic area upon any street where construction or maintenance work
is under way and to station flagmen at each end of the restricted
portion. It shall be unlawful for any person to drive a vehicle upon
any such restricted traffic area at any time when the flagman is displaying
a sign directing that vehicle to stop, or is signaling that vehicle,
by a flag or other device, not to proceed.
3.
Any person who violates any provision of this section, upon conviction,
shall be sentenced to pay a fine of $25 and costs.
[Ord. 97-7, 10/13/1997, § 15-107]
1.
ASSEMBLAGE
PROCESSION
For the purpose of this section, the words "assemblage" and "procession"
shall have the following meanings:
A gathering of people without vehicles, which interferes
with the movement of pedestrian or vehicular traffic on any street.
A group of individuals, vehicles, animals and/or objects
moving along a street in a way that interferes with the normal movement
of traffic. A procession shall not include a funeral caravan or military
convoy.
2.
It shall be unlawful for any person to hold or participate in any
assemblage unless the person organizing or conducting the assemblage
first obtains a permit from the Board of Supervisors, which shall
be issued without fee. Application for the permit shall be made at
least one week in advance of the day on which the assemblage is proposed
to be held, but in any case where a state-designated highway is proposed
to be used, application shall be made at least three weeks in advance
of the proposed date. The permit shall state the place where and the
date when the assemblage is to be held, the hour when the assemblage
may convene and the hour by which it shall have been completely dispersed.
It shall be unlawful for any person to hold or to participate in any
assemblage unless the permit has been granted, or at any time or place
other than that authorized by the permit.
3.
It shall be unlawful for any person to hold or participate in any
procession unless the person organizing or conducting the procession
first obtains a permit from the Board of Supervisors, which shall
be issued without fee. Application for the permit shall be made at
least two weeks in advance of the day when the procession is proposed
to be held, but in any case where the state-designated highway is
proposed to be used, application shall be made at least three weeks
in advance of the proposed date. The permit shall specify the date
on which the procession is to be held, the route to be followed by
the procession, the hour when and place where participants may commence
to assemble and form before the procession is under way, the time
when the procession may commence to move along its route, and the
time by which the end of the procession shall have been disbanded.
It shall be unlawful for any person to hold or to participate in any
procession unless the permit shall have been granted, or under any
conditions as to time or route or otherwise than those stated in the
permit.
4.
Any person who violates any provision of this section, upon conviction,
shall be sentenced to pay a fine of $25 and costs.
[Ord. 97-7, 10/13/1997, § 15-108]
The police officers of the Township of New Hanover are hereby
authorized to direct traffic on the highways of the Township and at
intersections thereof and to otherwise enforce the provisions of this
chapter.
[Ord. 97-7, 10/13/1997, § 15-109]
1.
The Township Police Department is hereby authorized to use all speed
timing devices for the determination of speed of a motor vehicle as
are approved or will be approved by the Department of Transportation
of the Commonwealth of Pennsylvania, in accordance with Title 75,
Pa.C.S.A. § 3368.
2.
This section authorizes the use of said devices upon all highways
within the Township be they Township, county or state highways, and
does also hereby elect to exercise all powers granted to "local authorities"
under the Vehicle Code of the Commonwealth of Pennsylvania, 75 Pa.C.S.A.
§ 6101 et seq., (1977), as hereafter amended, supplemented,
modified or reenacted by the General Assembly of Pennsylvania.
