[Added 9-1-2015 by Ord.
No. 5-2015]
A.
By authority granted by § 4902(a) of the Pennsylvania Motor
Vehicle Code, it shall be unlawful for any person or persons to drive
any vehicle or combination having a gross weight in excess of the
maximum prescribed below for the streets or the parts of the street
(as the case may be) as follows:
|
Street
|
Between
|
Maximum Gross Weight
(tons)
| |
|---|---|---|---|
|
Delaware Avenue
|
Entire length of street
|
10
| |
|
Pennsylvania Avenue
|
Entire length of street (SR 4054 to SR 0056)
|
10
|
B.
Local traffic, as defined herein, may be exempted from the restrictions imposed under Subsection A above. However, if the Borough Council determines that any local traffic is likely to damage the road, the Borough Council will so notify the registrants of the motor vehicle, or combination, and will also notify State Police. After two business days following delivery of the notice or after five days following mailing of the notice, such local traffic vehicles shall not exceed the weight limits except in accordance with § 470-71 hereof. 75 Pa.C.S.A. § 4902(a) states: "School buses, emergency vehicles and vehicles making local deliveries or pickups may be exempted from restriction on the use of highways imposed under this subsection."
C.
The Borough shall erect or cause to be erected and maintained restriction
signs designating the restrictions at the end of the portion of road
restricted as provided in this article. In the case of a restriction
on a road which has not begun or ended at an intersection with an
unrestricted highway, the Borough shall also place an advance informational
sign at the intersection nearest each end of the restricted portion
of the road, which would allow drivers to avoid the restricted portion
of road. (PennDOT Pub 221 Posting and Bonding Procedures for Municipal
Highways, December 2013, page A-6.)
The following words, when used in this article, shall have the
following meanings, unless the context clearly indicates otherwise:
A fire department vehicle, police vehicle, ambulance, blood
delivery vehicle, armed forces emergency vehicle, one private vehicle
of a fire or police chief or assistant chief, or ambulance corps commander
or assistant commander, or of a river rescue commander used for answering
emergency calls, or other vehicle designated by the State Police under
§ 6106 of the Vehicle Code (relating to designation of emergency
vehicles by Pennsylvania State Police).
Maintenance or restoration, or both, (but not betterment)
of a posted highway in excess of normal maintenance, caused by use
of over-posted-weight vehicles.
Emergency vehicles and school buses, as defined herein, vehicles
and combinations or governmental entities and utilities where their
contractors are engaged in construction or maintenance on a posted
highway or in a location which can be reached only via a posted highway,
and vehicles and combinations going to or coming from a residence
or farm located on a posted highway or which can be reached only via
a posted highway.
Any vehicle or combination, as defined and/or governed by
the Vehicle Code, 75 Pa.C.S.A. § 101 et seq., as amended.
The Department, as to state-designated highways; and local
authorities, as to all other streets and highways.
The usual and typical activities necessary to maintain the
roadway, shoulders and drainage facilities in the state of repair
existing at the date of the inspection prescribed in 67 Pa. Code § 189.4(f)(1)
(relating to use under permit).
A vehicle or combination having a gross weight in excess
of a posted weight limit.
A highway having a posted weight limit.
A restricted weight limit posted on a highway under authority
of 75 Pa.C.S.A. § 4902.
A motor vehicle designated for carrying more than 10 passengers,
exclusive of the driver, and used for the transportation of schoolchildren.
A.
Exempted from this article shall be emergency vehicles, school busses,
vehicles and combinations of governmental agencies and utilities or
their contractors engaged in construction or maintenance on a posted
highway or in a location which can be reached only via a posted highway;
municipal vehicles, including but not limited to dump trucks, garbage
trucks or any equipment of any type, kind or sort including such equipment
of a contractor of the municipality, vehicles and combinations going
to or coming from a residence, commercial establishment, or farm located
on a posted highway, or which can be reached only via a posted highway.
B.
The following shall constitute evidence that a vehicle is local traffic
and eligible for the exemption: Bill of lading, shipping order or
similar document which shows a destination on the posted roadway or
a certification by the permittee or an official of a permittee company
on the company letterhead describing the local traffic nature of the
activity which the vehicle is engaged in. In addition, the Borough
reserves the right to issue a local hauler permit to any user that
is using the posted route to a stated destination where it is determined
that the hauling will not cause significant damage to the roadway,
subject to revocation if any conditions are not maintained.
A.
Individuals or entities wishing to operate vehicles in excess of
established weight limits on restricted-weight Borough roads may apply
for a permit to do so on a form provided by the ________________.
Said permit application will be referred to the Borough Secretary
or other designated decision maker, who shall:
(1)
Place the issue on the agenda for a meeting of the Borough Council;
(2)
Consult with the third-party consultant as necessary to determine
the amount of security/bond to be posted by the applicant. The amount
of security shall be calculated in accordance with Title 67 Chapter
189 of the Pennsylvania Code or its equivalent; and
(3)
Present a recommendation to the Borough Council to include the amount
of security to be posted by the applicant if the permit is approved.
B.
No permit will be issued until the application is approved by the
Borough Council at a scheduled public meeting and, if required, security
has been posted with the Borough Secretary. The Borough Council may,
by resolution, delegate the authority to approve permits and set security
to the Borough Secretary or other official of the Borough.
C.
All actions taken under the authority of this section shall be taken
in accordance with the rules and regulations adopted by the Commonwealth
of Pennsylvania, Department of Transportation, as found in Title 67
of the Pennsylvania Code.
Any person who violates any provision of this article shall
be prosecuted under § 4902(a) and (g)(1) of the Pennsylvania
Motor Vehicle Code and, upon conviction, shall be sentenced to pay
a fine of $150, plus $150 for each 500 pounds or part thereof in excess
of 3,000 pounds over the maximum allowable weight, plus all costs.
