[HISTORY: Adopted by the Borough Council of the Borough of Fox Chapel as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-20-1978 by Ord. No. 403 (Ch. 15, Part 1, of the 1978 Code of Ordinances)]
Words and phrases, when used in this article, shall have the meanings ascribed to them in the Vehicle Code of Pennsylvania, as now in force or as hereafter amended or enacted, except where the context clearly indicates a different meaning.
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
All traffic and parking regulations of a permanent nature shall be enacted as ordinances or as parts of ordinances or as amendments to ordinances of the Borough of Fox Chapel.
The Mayor shall have the following powers to regulate traffic and parking temporarily and in time of emergency:
In the case of fire, flood, storm or other emergency, to establish temporary traffic and/or parking regulations.
In the case of emergency or to facilitate public works, or in the conduct of parades, processions or public events, to restrict or prohibit traffic and/or parking in limited areas for periods of not more than 72 hours.
Such temporary and emergency regulations shall be enforced by the Mayor and the Police Department in the same manner as permanent regulations. Any person who shall operate or park a vehicle or tractor in violation of any such regulations, or who shall move, remove, destroy, injure or deface any sign or marking erected, posted or made to give notice of any such regulation, shall, upon conviction thereof, be liable to the penalty set forth in the law or elsewhere in this article 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 article, to the general penalty provisions in § 338-7.
The Borough Council may, from time to time, designate places upon and along the highways in the Borough 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 just as if they had been specified in this article. No person shall operate or park a vehicle or tractor in violation of any such regulation, prohibition or restriction, 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 shall, upon conviction thereof, be liable to the penalty set forth in the law or elsewhere in this article 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 article, to the general penalty provisions in § 338-7, provided that 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 Borough relative to traffic and parking.
The peace officers of the Borough are hereby given authority to direct traffic on the highways of the Borough and at intersections thereof.
The operator of any motor vehicle involved in an accident in the Borough and required by law to report such accident to any department or agency of the Commonwealth of Pennsylvania, or any other person required to make such report, shall, at the time of making such report to the commonwealth, make a written report to the Chief of Police of the Borough containing the same information.
Any person who violates a provision of this article shall, upon conviction, be subject to the appropriate penalties set forth in the Pennsylvania Vehicle Code (75 Pa.C.S.A. § 101 et seq.) for each provision so violated: 75 Pa.C.S.A. § 6502 provides for a fine of $25 for every violation of the Vehicle Code for which another penalty is not specifically provided. In default of payment of such fine and costs of prosecution, 75 Pa.C.S.A. § 6504 provides for violators to undergo imprisonment for not more than one day for each $40 of the unpaid balance of the fine and costs.
No person shall drive any vehicle except a human-powered vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway. Any person who shall violate any provision of this section shall, upon conviction thereof, be subject to the general penalty provisions in § 338-7.
[Amended 8-19-1980 by Ord. No. 425; 3-18-1981 by Ord. No. 428; 8-20-2007 by Ord. No. 655]
The following speed limits are hereby established:
Any person who shall operate a vehicle or tractor at a speed in excess of the maximum established therefor, upon any highway or portion thereof specified in this section, will be prosecuted as per the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 3362(c), which provides for a fine of $35, plus $2 for each mile in excess of five miles per hour over the maximum speed limit.
At the following intersections, official traffic signals shall be erected (or if heretofore erected are hereby ratified), and traffic at such intersections shall be directed by such signals, provided that, unless a sign is in place prohibiting a turn, vehicular traffic facing a steady red signal may enter the intersection to turn right, or to turn left from a one-way roadway onto a one-way roadway, after stopping. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
It shall be unlawful for the operator of any vehicle or tractor traveling upon the first-named highway at any of the following intersections, in the direction or directions hereby indicated in each case, to make a left and/or right turn at the said intersection, as hereby indicated:
The following highways are hereby established as through highways, and the operator of every vehicle or tractor, upon approaching any such highway at any intersection thereof (except for such intersections where there are now or shall hereafter be located official traffic signals), shall come to a full stop within a reasonable distance before entering any such through highway:
Any operator of a vehicle or tractor who shall fail to come to a full stop within a reasonable distance before entering any such through highway, as hereinabove required, shall, upon conviction thereof, be subject to the general penalty provisions in § 338-7.
[Amended 4-16-1979 by Ord. No. 407; 4-16-1979 by Ord. No. 408; 2-25-1980 by Ord. No. 415; 3-18-1980 by Ord. No. 417; 10-18-1982 by Ord. No. 436; 4-18-1983 by Ord. No. 439; 3-17-1986 by Ord. No. 461; 5-17-1987 by Ord. No. 477; 6-20-1994 by Ord. No. 550; 10-21-1996 by Ord. No. 579; 5-17-1999 by Ord. No. 603; 11-17-2008 by Ord. No. 662]
The following intersections (in addition to highways intersecting with the through highways established by § 338-12 of this article) are hereby established as stop intersections, and official stop signs shall be erected (or are hereby confirmed if heretofore erected) in such a position as to face traffic approaching the second-named highway upon the first-named highway in the direction or directions hereby indicated. All vehicles and tractors approaching any such intersection upon the first-named highway, in the direction or directions hereby indicated in each case, shall come to a full stop within a reasonable distance before entering any such intersection:
Any operator of a vehicle or tractor who shall fail to come to a full stop within a reasonable distance before entering any stop intersection, as hereinabove required, shall, upon conviction thereof, be subject to the general penalty provisions in § 338-7.
[Amended 3-16-1981 by Ord. No. 428; 4-18-1983 by Ord. No. 439; 8-17-1985 by Ord. No. 456; 11-17-2008 by Ord. No. 662]
The following intersections are hereby established as yield-right-of-way intersections, and official yield signs shall be erected (or are hereby ratified if heretofore erected) along the first-named highway in such a position as to face traffic approaching the second-named highway in the direction or directions hereby indicated. All vehicles and tractors approaching any such intersection upon the first-named highway in the direction or directions hereby indicated shall yield the right-of-way to any vehicle in the intersection approaching on the second-named highway so closely as to constitute an immediate hazard during the time that the operator of such vehicle or tractor is moving across or within such intersection:
Any operator of a vehicle or tractor who shall fail to yield the right-of-way, as hereinabove required, shall, upon conviction thereof, be subject to the general penalty provisions in § 338-7.
[Amended 8-20-1979 by Ord. No. 409; 12-17-1979 by Ord. No. 412]
Due to the threat to the public safety and to the deterioration and damage to Borough streets resulting from travel by vehicles weighing in excess of 40,000 pounds, or having wheel weights in excess of 4,500 pounds, no vehicle or combination may be operated on any street maintained by the Borough of Fox Chapel if:
The Borough may issue a permit as provided for in the preceding subsection upon the following conditions:
Application for a permit shall be made to the Borough Manager on a form to be provided by the Borough.
In the application, the applicant shall agree to be liable for the cost of repairing damage to the roadways, structures and appurtenances within the lines of any street or road or portion thereof traversed.
The permit may be conditioned as provided in § 4962(a) of the Pennsylvania Vehicle Code.
This Subsection B(4) and Subsection B(5) immediately below recognize that frequent overweight trips are more damaging than isolated overweight trips and, therefore, apply to applicants who propose to make frequent overweight trips over Borough streets. "Frequent" shall mean, for purposes of this section, more than two overweight trips on a particular day. A person, firm or corporation shall be deemed to propose frequent trips if the total of proposed overweight trips in one day by his, her or its officers, employees, agents, contractors or subcontractors exceeds two; in other words, no person, firm or corporation shall avoid treatment as a frequent overweight user by having a number of different persons or entities make two or fewer overweight trips per day. To assist in determining the liability and responsibility under Subsection B(2) above of an applicant proposing frequent overweight trips, and prior to the issuance of a permit or use by the applicant of overweight vehicles on a Borough street, the applicant or his or her designated representative, together with the Borough Manager or his or her authorized representative, shall inspect the street or road, or portion thereof, to determine the condition of the base, surface, berms, signs, drainage facilities and other appurtenances and structures. Said conditions shall be noted on a form to be provided by the Borough. The applicant, together with the Borough representative, shall sign and date said form. One copy shall be given to the applicant. In addition, the applicant, at his expense, shall have the option of taking still or moving pictures of the street or road prior to the applicant's use of overweight vehicles on it, provided that such pictures are taken in the presence of the Borough Manager or representative and a copy of each picture or film is placed in the custody of the Borough. The applicant shall not be responsible for any needed repairs noted during the inspection and noted on the form.
An applicant who proposes to make frequent overweight trips over Borough streets shall file a bond with the Borough, in a form and with corporate surety acceptable to the Borough, conditioned on the repair of damage to the street or road which appears within two years after the use by the applicant of said street or road or portions thereof. The amount of the bond shall be in an amount to be determined by the Borough Manager.
Any person, firm or corporation convicted of operating a vehicle with a gross weight in excess of a posted weight shall, upon conviction, 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.
[Amended 4-16-2018 by Ord. No. 705]
In the event of concurrent violations of gross weight and wheel weight provisions, the only fine imposed shall be for violation of that provision which provides the greatest fine.
Editor's Note: Original Section 15(e), which referenced sections of the Motor Vehicle Code that have been repealed and which immediately followed this subsection, was deleted 4-16-2018 by Ord. No. 705.
[Amended 10-15-2007; by Ord. No. 657; 1-19-2009 by Ord. No. 665; 3-16-2015 by Ord. No. 697; 11-20-2017 by Ord. No. 702; 4-16-2018 by Ord. No. 705]
Parking shall be prohibited at all times at the following locations:
Parking shall be permitted at the following designated locations only by vehicles displaying a current permit issued by the Borough:
The Borough may charge an annual fee, set by resolution of Borough Council from time to time, for permits described in Subsection B above, and a permit may be revoked with no reimbursement of fee in the event the permit holder violates this section or another ordinance of the Borough.
Except while actively engaged in making a delivery to or a pickup from a location in the Borough, unlicensed machines and vehicles and vehicles with commercial licenses may not be parked on any road or street (including rights-of-way or easements outside the paved area) in the Borough.
The Borough Manager is hereby authorized to erect or cause to be erected signs notifying the public of the restrictions imposed by this section.
Any person, partnership or corporation violating any parking provisions of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $50.
The provisions of this article, so far as they are the same as those of ordinances and regulations in force immediately prior to the enactment of this article, are intended as a continuation of such ordinances and regulations and not as new enactments. The provisions of this article shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any of these repealed ordinances or regulations.
Editor's Note: Original Section 19, Authorization to use specific highway speed-timing devices, and Section 20, Authorization to use highway speed-timing devices approved by Pennsylvania Department of Transportation, both added 2-26-1982 by Ord. No. 432, which immediately followed this section, were repealed 4-16-2018 by Ord. No. 705.
[Adopted 9-20-2010 by Ord. No. 677 (Ch. 15, Part 2, of the 1978 Code of Ordinances)]
This article shall be known and may be cited as the "Fox Chapel Winter Maintenance Ordinance."
The Fox Chapel Borough Council finds that:
Snow and ice storms can and do impair the flow of vehicular traffic and emergency services, which may result in conditions adverse to the welfare and safety of the public.
In order to ensure the welfare and safety of the public, public roads need to be cleared of snow or ice as promptly as possible.
Vehicles parked on public roads during the deposit or accumulation of snow or ice present a traffic hazard and impair the Borough's ability to effectively remove all snow or ice from the roads in a safe and expedient manner. They further create a financial burden on the Borough by requiring the Public Works Department to duplicate a service that could have been completed if not for the parking of said vehicles on the public roads.
The pushing or shoveling of snow or ice from private driveways or sidewalks onto public roads in the Borough is counterproductive to the removal of the snow or ice from the roads by the Public Works Department and further creates conditions adverse to the welfare and safety of the public.
As used in this article, the following terms shall have the meanings indicated:
- Fox Chapel Borough located in Allegheny County, Pennsylvania.
- BOROUGH COUNCIL
- The Council of the Borough of Fox Chapel, Allegheny County, Pennsylvania.
- A portion of a public road or right-of-way with an improved surface used for vehicular traffic. Width is determined from one edge of driving surface to the other and shall include the stormwater gutter or face of curb.
- CATCH BASIN
- An inlet or vault usually covered with a grate and/or hood and located at the point where a street gutter or drainage ditch discharges into a storm sewer system.
- A private area used exclusively for circulation and ingress and egress to a road or street by the landowner or visitors of a lot.
- An individual, partnership, public or private association or corporation, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
- PRIVATE ROAD
- A road used for vehicular traffic, owned and maintained by a private individual, organization, company, homeowners' association, housing co-op or other group of individual homeowners rather than by a government, which is authorized by an easement to a private party or which provides access pursuant to a reserved or private right.
- PUBLIC ROAD
- An alley, avenue, boulevard, highway, freeway, parkway, lane, street, road, viaduct and any other way used by vehicular traffic but not including driveways, private roads, parking areas, sidewalks or walkways, which is accepted for dedication by Borough Council and/or maintained by the Borough.
- A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary or storm sewer or other similar uses.
- SNOW REMOVAL AGENCY
- Any private contractor working for, in or on any private property within Fox Chapel Borough who is engaged in snow or ice removal from said private property.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a public road, including but not limited to automobiles, trucks, carriages, motorcycles, mopeds, scooters, quads, boats, jet skis, trailers, recreation vehicles, tractors and wagons.
It shall be unlawful to park or allow to be parked or abandon any vehicle on the cartway within the municipal boundaries of Fox Chapel Borough following the deposit or accumulation of ice or snow or at any other time in such a manner as to impede ice or snow removal operations and/or winter maintenance.
It shall be unlawful for owners, occupants or tenants of property or snow removal agencies to dump, throw, shovel, pile or push any snow or ice removed from driveways, sidewalks or private roads onto any public road even if the snow placed at the end of the driveway is a direct result of plowing the public roadway by the Borough.
No snow, ice, slush or a combination thereof shall be pushed or deposited into any stream or river or any drainage area, culvert or catch basin within a right-of-way in which the Borough has rights.
No person shall damage any Borough property, including but not limited to traffic signs, curbs, culverts, etc., while removing snow, ice, slush or a combination thereof. Any damage to Borough property shall be repaired or replaced in accordance with the requirements of the Borough at the expense of the property owner and/or snow removal agency.
The Fox Chapel Police Department shall be the enforcement officer of this article. Enforcement officers are hereby authorized to remove any vehicle abandoned or parked upon any public roadway or street in violation of the terms and provisions of this article and to have said vehicle towed to the tow truck operations facility. The owner may recover said vehicle upon payment of any and all towing and storage charges to the tow truck company. Neither the Borough nor any of its officers or employees shall be held responsible for any damage to any vehicle occurring as a result of towing and/or storage of a vehicle parked in violation of this article.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000 plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Allegheny County correctional facility for a period not exceeding 30 days, provided that each violation of any provision of this article and each day the same is continued shall be deemed a separate offense.