[Ord. 545, 11/24/2008, § 15-301; as amended by
Ord. 584, 3/14/2011, § 1]
The following words when used in this chapter shall have the
meaning ascribed to them in this section, except in those instances
where the context clearly indicates a different meaning:
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 a river rescue commander used for answering
emergency calls or other vehicle designated by the State Police under
§ 6106 of the Vehicle Code, 75 Pa.C.S.A. § 6106
(relating to designated of emergency vehicles by Pennsylvania State
Police).
Any motor vehicle utilized for the local collection of refuse
and motor vehicles utilized in the emergency repair of public utility
services.
Any vehicle or combination which is defined and/or governed
by the Vehicle Code, 75 Pa.C.S.A. § 101 et seq., as amended.
A motor vehicle designated for carrying more than 10 passengers,
exclusive of the driver, and used for the transportation of school
children.
[Ord. 545, 11/24/2008, § 15-302; as amended by
Ord. 584, 3/14/2011, § 2]
The Borough has hereby determined that due to climate conditions
and past experience certain streets under the jurisdiction of the
Borough may be damaged and destroyed unless the permissible weight
limit of motor vehicles or combinations is limited, and accordingly,
no motor vehicle having a gross weight in excess of 20,000 pounds
shall be operated upon the following sections of streets from March
1 to May 15 owned and/or maintained by the Borough and located within
the jurisdiction of the Borough.
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Street or Bridge
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Between
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Maximum Gross Weight
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|---|---|---|
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Darrow Road
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South Perry Lane to State Route 99
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20,000 lbs.
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South Perry Lane
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State Route 6N to Darrow Road
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20,000 lbs.
|
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Stonehaven Drive
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Darrow Road to Kinter Hill Road
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20,000 lbs.
|
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Waterford Street
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Meadville Street and Ontario Street
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12,000 lb. (except local deliveries on Waterford Street)
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[Ord. 545, 11/24/2008, § 15-303; as amended by
Ord. 584, 3/14/2011, § 3]
The Borough shall cause the affected section of streets to be
posted for the applicable prohibitions and limitations. Said posting
to be in accordance with the requirements of the Pennsylvania Vehicle
Code, 75 Pa.C.S.A. § 101 et seq., and other applicable laws
and regulations of the Commonwealth of Pennsylvania.
[Ord. 545, 11/24/2008, § 15-304; as amended by
Ord. 584, 3/14/2011, § 4]
1.
The Borough may issue permits for movements of vehicles in excess
of the prohibitions and restrictions established hereafter. Applications
for a permit shall be made in writing to the Borough and shall contain
such information as the Borough shall require pertaining to the applicant,
area of operations and municipal streets to be traveled.
A.
The application shall also include a description of all motor vehicles
and equipment to be used in transporting of all materials. Such list
shall include among other things each vehicle's registration number,
plate number, make, model and color.
B.
The application shall also include a copy of all valid local, state
and/or federal permits, contracts and agreements which are required
to be obtained by the operator or owner of the motor vehicle.
C.
Shall be accompanied by a signed "Excess Maintenance Agreement" which,
inter alia, obligates the permittee to make repairs of damages caused
to the streets by the permittee's activities.
D.
Submit such bond or other collateral acceptable to and in the favor
of the Borough as the Borough may require to ensure faithful compliance
with the provisions of this chapter.
2.
The requirements of this section shall be deemed to run in the favor
of the Borough, and the failure of the Borough to insist upon compliance
with each of the requirements set forth herein shall not render this
Part moot or otherwise preclude the Borough from seeking enforcement
of the various provisions of this Part.
3.
A separate permit must be obtained for each motor vehicle operating
in excess of the prohibitions established hereunder, and the permit
so issued shall be carried in said motor vehicle at all times during
which it shall be operated on or across the section of Borough street
so permitted.
[Ord. 545, 11/24/2008; as amended by Ord. 584, 3/14/2011,
§ 5; and by Ord. 585, 9/12/2011]
There is hereby established an application fee in an amount
as established, from time to time, by resolution of Borough Council,
for the above-referenced permit which application fee may be raised
or lowered by subsequent resolution of the Borough.
[Ord. 545, 11/24/2008; as amended by Ord. 584, 3/14/2011,
§ 6]
Emergency vehicles, school buses and local refuse and emergency
utility vehicles as defined in this chapter, are exempt from the weight
limitations established by this chapter.
[Ord. 545, 11/24/2008; as amended by Ord. 584, 3/14/2011,
§ 8]
1.
Upon conviction by a magisterial district judge, any person violating
this chapter shall pay a fine in an amount consistent with the applicable
fine set forth in the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 101
et seq., at the time of the violation.
2.
As of the enactment of this chapter, the applicable section of the
Pennsylvania Vehicle Code is 75 Pa.C.S.A. § 4902(g), which
provides as follows:
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"(g) Penalty.
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|---|---|
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"(1) Any person operating a vehicle or combination
upon a highway or bridge in violation of a prohibition or restriction
imposed under Subsection (a) is guilty of a summary offense and shall,
upon conviction, be sentenced to pay a fine of $75, except that any
person convicted of operating a vehicle with a gross weight in excess
of the 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.
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