[Ord. 671, 11/15/1995; as continued and restated by Ord. 762, 4/16/2013]
For the purposes of this Part and any regulations promulgated by Council hereunder, the following terms shall have the meanings indicated:
STREET
All streets, avenues, courts, roads, alleys, ways and all public rights-of-way used for public travel and traffic in the Borough, regardless of how designated.
TRUCK
Any vehicle having a gross vehicle weight capacity in excess of 26,000 pounds.
[Ord. 671, 11/15/1995; as continued and restated by Ord. 762, 4/16/2013]
From and after the effective date of this Part, it shall be unlawful for any person, corporation or other entity to operate or move, or for the owner to cause or knowingly permit to be operated or moved, upon any street within the Borough of Ben Avon, any truck, as that term is defined herein, excepting those specifically described in the following sections of this Part.
[Ord. 671, 11/15/1995; as continued and restated by Ord. 762, 4/16/2013]
1. 
The provisions of § 15-502 of this Part shall not be applicable to and shall not prohibit the operation of the following described vehicles:
A. 
A fire truck, firefighting equipment or other emergency response equipment authorized by the Fire Chief, Police Chief or Emergency Management Coordinator; or
B. 
A motor bus for public convenience being operated in the Borough by the Port Authority of Allegheny County, or other public agency, on its regularly established route; or
C. 
A school bus operated by, or on behalf of, or in connection with an event sponsored by, the Avonworth School District; or
D. 
A vehicle being operated by, or on behalf of, a person or other entity having a contract with the Borough.
[Ord. 671, 11/15/1995; as continued and restated by Ord. 762, 4/16/2013]
1. 
The provisions of § 15-502 of this Part shall not be applicable to and shall not prohibit a commercial vehicle from being operated or moved upon any street within the Borough of Ben Avon provided it has a gross weight, including chassis, body, semitrailer and load, not in excess of 30,000 pounds (15 tons), and provided it enters the Borough:
A. 
For the purpose of use at, delivery to or pickup from a site in the Borough; or
B. 
For the purpose of use at, delivery to or pickup from a site located within the political subdivisions geographically abutting the Borough of Ben Avon which, by reason of physical location or bridge load limitations, is accessible only by use of the streets within the Borough of Ben Avon.
[Ord. 671, 11/15/1995; as continued and restated by Ord. 762, 4/16/2013]
1. 
The Police Chief, or the Mayor, or the designee of the Police Chief or the Mayor, may issue a special hauling permit for vehicles which meet the weight and size restrictions imposed by the Commonwealth of Pennsylvania in the Motor Vehicle Code, as amended, but exceed the limitations of § 15-502, 15-503 or 15-504 of this Part, provided that:
A. 
The applicant for the permit is the owner or contractor of the vehicle and pays a permit fee of $200 to the Borough of Ben Avon; and
B. 
The applicant limits operation of the permitted vehicle to the hauling route on Borough streets set forth in the permit; and
C. 
The applicant limits operation of the permitted vehicle beginning not earlier than 7:00 a.m., prevailing time, and ending not later than dusk; and
D. 
The applicant operates only those vehicles hauling only those loads and weights identified on an appendix to the permit listing the types of vehicles, their loads and an estimated number of trips; and
E. 
The applicant delivers either a road damage bond, with surety satisfactory to the Borough, in the amount of $30,000, or a cash or demand deposit escrow, satisfactory to the Borough, in the amount of $30,000 with the Borough Solicitor, covering damage to the public streets, sewers, storm drains, curbs, signage, trees, sidewalks and rights-of-way arising from the applicant's operation of the permitted vehicles. If the applicant for the permit provides proof of actual gross weight, including chassis, body, semitrailer and load, of less than 40,000 pounds (20 tons), the amount of the infrastructure damage bond or escrow shall be reduced to $5,000. If the applicant for the permit provides proof of actual gross weight, including chassis, body, semitrailer and load, of less than 56,000 pounds (28 tons), the amount of the infrastructure damage bond or escrow shall be reduced to $15,000.
[Ord. 671, 11/15/1995; as continued and restated by Ord. 762, 4/16/2013]
1. 
The Borough Council, by an appropriate resolution, may issue an overweight vehicle permit for vehicles exceeding the weight and size restrictions imposed by the Commonwealth of Pennsylvania in the Motor Vehicle Code, as amended. Such permits may include vehicles which would otherwise be covered by § 15-505 of this Part, being operated by, or on behalf of, the same applicant at approximately the same time. The permit will be subject to the following fees and restrictions:
A. 
The applicant for the permit is the owner or contractor of the vehicle and pays a permit fee of $400 to the Borough of Ben Avon; and
B. 
The applicant limits operation of the permitted vehicle to the hauling route on Borough streets set forth in the permit; and
C. 
The applicant limits operation of the permitted vehicle beginning not earlier than 7:00 a.m., prevailing time, and ending not later than dusk; and
D. 
The applicant operates only those vehicles hauling only those loads and weights identified on an appendix to the permit listing the types of vehicles, their loads and an estimated number of trips; and
E. 
The applicant delivers either a road damage bond, with surety satisfactory to the Borough, or a cash or demand deposit escrow satisfactory to the Borough with the Borough Solicitor, in an amount recommended by the Borough Engineer, covering damage to the public streets, sewers, storm drains, curbs, signage, trees, sidewalks and right-of-way arising from the applicant's operation of the permitted vehicles; and
F. 
Such other restrictions, rules or conditions as the Borough Council may deem necessary to carry out the purposes of this Part.
[Ord. 671, 11/15/1995; as continued and restated by Ord. 762, 4/16/2013]
Any infrastructure damage bond issued to the Borough, or escrow of funds held by the Borough, under this Part shall be held until release by affirmative vote of the Borough Council following completion of all traffic permitted and the completion of such inspections of the Borough infrastructure, with such reports, as the Council deems necessary to carry out the stated purposes of this Part.
[Ord. 671, 11/15/1995; as continued and restated by Ord. 762, 4/16/2013]
1. 
The Borough Council may from time to time, by resolution:
A. 
Adopt regulations and standard forms for use by the proper officials under §§ 15-505 and 15-506 of this Part; and
B. 
Amend the fee schedule to be charged for permits issued under this Part.
[Ord. 671, 11/15/1995; as continued and restated by Ord. 762, 4/16/2013]
Any person or entity who operates a vehicle upon a Borough street in violation of any of the provisions of this Part shall be guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of $150; provided however, that any person or entity convicted of violating any weight restriction in this Part shall, in each instance in which the vehicle has been weighed, be sentenced to pay an additional fine of $150 for each 500 pounds, or part thereof, in excess of 3,000 pounds over the maximum allowable weight.
[Ord. 671, 11/15/1995; as continued and restated by Ord. 762, 4/16/2013]
The provisions of inconsistent ordinances, including, without limitation, Ordinance 468, are hereby repealed to the extent of the inconsistency.
[Ord. 671, 11/15/1995; as continued and restated by Ord. 762, 4/16/2013]
This Part shall take effect on January 1, 1996.