A.
Words and phrases, when used in this chapter, shall have the meanings
as 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.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
B.
The term "holiday," as used in this chapter, shall mean and include:
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day and Christmas Day.
C.
In this chapter, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine.
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 Montgomery, except where the law specifically
authorizes less formal action.
A.
The Mayor shall have the following powers to regulate traffic and
parking temporarily and in time of emergency:
(1)
In the case of fire, flood, storm or other emergency, to establish
temporary traffic and/or parking regulations; and
(2)
In the case of emergency public works or public events of limited
scope or duration, to restrict or prohibit traffic and/or parking
in limited areas for periods of not more than 72 hours.
B.
Those temporary and emergency regulations shall be enforced by the
Mayor and the Police Department in the same manner as permanent regulations.
Any person who drives or parks a vehicle in violation of any such
regulation, or who moves, removes, destroys, injures or defaces any
sign or marking erected, posted or made to give notice of any such
regulation shall be guilty of a violation; and, upon conviction, shall
be liable to the penalty set forth in the law or elsewhere in this
chapter for a violation of that 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 $25 and costs.
The Borough Council may, from time to time, designate places
upon and along the streets in the Borough, 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
those locations by proper signs and markings. Those regulations, prohibitions
and restrictions shall be effective just as if they had been specified
in this chapter. No person shall drive or park a vehicle 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 violates
any provision of this section shall, upon conviction, be liable to
the penalty set out in the law or elsewhere in this chapter for a
violation of that nature; and, in case of a violation for which no
specific penalty is set out in the law or elsewhere in this chapter,
to a fine of $25 and costs. 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 Borough
relative to traffic and parking.
A.
The Borough Council shall have authority to close any street or any
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.
B.
The Borough Council 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 flag or other device, not to proceed.
C.
Any person who violates any provision of this section shall, upon
conviction, be sentenced to pay a fine of $25 and costs.
A.
Snow and ice emergency routes are established on the following streets
and parts of streets:
|
Street
|
Between
|
|---|---|
|
(Reserved)
| |
B.
In order to facilitate the movement of traffic and to combat the
hazards of ice and snow on those snow and ice emergency routes, and
on other streets or portions of streets designated by the Mayor or
the Borough Manager as temporary snow and ice emergency routes on
the occasion of a particular fall of snow or formation of ice, the
Mayor or Manager, at his discretion, may declare a snow and ice emergency,
and afterward may declare the emergency terminated. Notification of
the emergency, and of the location of temporary snow and ice emergency
routes, may be given through radio, newspaper or other available media,
and notification of the termination of the emergency may be given
by use of the same media.
C.
While a snow and ice emergency is in effect, it shall be unlawful,
at any time during the continuance of the emergency, for any person
to park a motor vehicle, or to allow a vehicle to remain parked, on
any snow and emergency route, or for any person to drive a motor vehicle,
not equipped with snow tires, or equivalent tires, on a snow and ice
emergency route.
D.
If, at any time during a period of snow and ice emergency, a person
parks a motor vehicle, or allows a motor vehicle to remain parked,
anywhere upon a snow and ice emergency route, that person shall be
guilty of a violation of this section and, upon conviction, shall
be sentenced to pay a fine of $50 and costs.
[Amended 4-14-2015 by Ord. No. 2015-01]
E.
If, at any time during a period of snow and ice emergency, a person
drives a motor vehicle not equipped with snow tires or equivalent
tires or tire chains, upon a snow and ice emergency route, that person
shall be guilty of a violation of this section; and, upon conviction,
shall be sentenced to pay a fine of $50 and costs.
[Amended 4-14-2015 by Ord. No. 2015-01]
The police officers of the Borough shall have authority to direct
traffic on the streets in the Borough, and at intersections of those
streets, in public parks and in other places where the Vehicle Code
or this chapter applies.
A.
In accordance with Section 3368(c)(1) of The Vehicle Code,[1] the rate of speed of any vehicle upon any street in the
Borough may be timed by a police officer using a mechanical, electrical
and/or electronic speed-timing device, of a type approved by the Pennsylvania
Department of Transportation, and Borough police officers are authorized
to use the excessive speed preventor (ESP) or visual average speed
computer and recorder (VASCAR) to assist them in enforcing the speed
limits on the highways, streets, roads and alleys in the Borough,
in addition to any other method permitted by law for ascertaining
the speed of vehicles.
[1]
Editor's Note: See 75 Pa.C.S.A. § 3368(c)(1).
B.
Any person convicted of driving a vehicle at a speed in excess of
that permitted by law or by this chapter, following timing of the
speed by use of a mechanical, electrical and/or electronic speed-timing
device authorized by this section, shall be subject to the penalty
prescribed by law or elsewhere in this chapter.
