[A.O.]
This Part shall be known as the "Motor Vehicle Weight and Size
Limitation and Bonding Ordinance of the Borough of Wellsboro."
[A.O.]
This Part is enacted pursuant to the authority conferred by
the laws of the Commonwealth of Pennsylvania, including the Pennsylvania
Vehicle Code, Act of June 17, 1976, No. 81, § 1 et seq.,
as amended and supplemented, 75 Pa.C.S.A. § 101, et seq.
This chapter is intended to include and be subject to all provisions
of § 4902 of the Pennsylvania Vehicle Code, including by
way of illustration and not limitation, § 4902(a) and (b)
and § 6103, 75 Pa.C.S.A. §§ 4902(a), 6103,
and all Pennsylvania Department of Transportation regulations promulgated
thereunder.
[A.O.]
The following words when used in this Part 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 Pennsylvania State
Police under § 6101 of the Vehicle Code (relating to designation
of emergency vehicles by Pennsylvania State Police), 75 Pa.C.S.A.
§ 6101.
Emergency vehicles and school buses as defined hereinafter,
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 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. § 102, as amended.
Any Borough bridge posted with a weight or size limitation
or restriction imposed under the authority of this Part.
Any Borough street or road posted with a weight or size limitation
or restriction imposed under the authority of this Part.
A motor vehicle designated for carrying more than 10 passengers,
exclusive of the driver, and used for the transportation of school
children.
The Pennsylvania Vehicle Code, Act of June 17, 1976, No.
81, § 1 et seq., as amended and supplemented, 75 Pa.C.S.A.
§ 101 et seq.
[A.O.]
Pursuant to the provisions of § 4902(a) of the Vehicle
Code, 75 Pa.C.S.A. § 4902(a), the Borough Council has determined
and hereby determines, based upon engineering and traffic studies,
that the following streets, roads and bridges will be damaged or destroyed
unless the permissible size or weight, or both, of motor vehicles
is restricted to the size and weight limits listed. A complete list
of the streets, roads and bridges, identified by their Route Number;
Street, Road or Bridge Name; Part of the Road Restricted and Size
and Weight Limit, is attached hereto as Exhibit "15-A" and is made
a part hereof. This list may be modified, amended or enlarged from
time to time by the Borough Council by duly adopted resolution.
[A.O.]
Pursuant to the findings made under § 15-304, hereof, and by the authority of § 4902(a) of the Vehicle Code, 75 Pa.C.S.A. § 4902(a), and regulations promulgated thereunder, no motor vehicle or combination shall be operated upon any posted street or road or posted bridge with a gross weight of a size in excess of the weight and size limits listed for said street, road or bridge in § 15-304 hereof.
[A.O.]
Pursuant to the provisions of § 4902(b) of the Vehicle
Code, 75 Pa.C.S.A. § 4902(b), the Borough Council has determined
and hereby determines, based upon hazardous traffic conditions or
other safety factors, that the use of the following streets, roads
and bridges by vehicles exceeding a certain weight or size, or both,
will endanger the public or users of said streets, roads and bridges
unless the permissible weight or size, or both, of motor vehicles
is restricted to the size and weight limits listed. A complete list
of the streets, roads and bridges, identified by their Route Number,
Street, Road or Bridge Name, Part of the Street or Road Restricted
and Size Limit and Weight Limit, is attached hereto as Exhibit "15-A"
and is made a part hereof. This list may be modified, amended or enlarged
from time to time by the Borough Council by duly adopted resolution.
[A.O.]
Pursuant to the findings made under § 15-306 hereof, and by the authority of § 4902(b) of the Vehicle Code, 75 Pa.C.S.A. § 4902(b), and regulations promulgated thereunder, no motor vehicle or combination shall be operated upon any posted street or road or posted bridge with a gross weight or of a size in excess in excess of the size and weight limits listed for said street, road or bridge in § 15-306 hereof.
[A.O.]
Local traffic, as defined herein, shall be exempted from the restrictions imposed under §§ 15-305 and 15-307 hereof. However, if the Borough Council determines that any local traffic is likely to damage a posted street, road or bridge, the Borough Council will so notify the registrants of the motor vehicle or combination and will also notify the Pennsylvania 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 posted weight and size limits except in accordance with § 15-309 hereof.
[A.O.]
1.
Individuals or entities wishing to operate vehicles in excess of
established weight and size limits on a posted street or road or bridge
must apply for a permit to do so on a form provided by the Borough.
Fees shall be set by resolution. Upon payment of an administrative
fee, the application will be referred to the Borough Secretary who
shall:
A.
Place the issue on the agenda for the next regular meeting of the
Borough Council.
B.
Consult with a third party consultant as necessary to determine the
amount and type of security or bond to be posted by the applicant.
The amount of security or bond shall be calculated in accordance with
67 Pa. Code, Chapter 189, or its equivalent, as it may be amended
and supplemented from time to time.
C.
Present a recommendation to the Borough Council to include the amount
of security or bond to be posted by the applicant if the permit is
approved. No permit will be issued until and unless the application
is approved by the Borough Council, the required security or bond
has been posted with the Borough Secretary, and all administrative,
inspection and the third party consultant fees have been paid in full.
The Borough Council shall, by resolution, set the amount of administrative,
inspection and third party consultant fees, and may delegate the authority
to approve permits and set security to the Superintendent of Public
Works or other official of the Borough.
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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, as may be amended and supplemented
from time to time.
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[A.O.]
The Borough shall erect or cause to be erected and maintained
restriction signs designating the weight and size restrictions at
each end of the portion of street or road restricted, or the street
or road providing access to the restricted bridge, as provided in
this chapter. In the case of a restriction on a street or road which
has not begun or ended at an intersection with an unrestricted highway,
or a restriction on abridge accessed by such a street or road, the
Borough shall also place an advance informational sign at the intersection
nearest each end of the restricted portion of the street or road which
would allow drivers to avoid the restricted portion of the street
or road or the restricted bridge.
[A.O.]
1.
Any person operating a motor vehicle or combination upon a street or road or bridge in violation of a prohibition or restriction imposed under § 15-304 hereof shall, upon conviction, pay a fine in the maximum amount allowed by § 4902(g)(1) of the Vehicle Code, 75 Pa.C.S.A. § 4902(g)(1), as amended and supplemented, or by any equivalent section of the Vehicle Code, or the maximum amount allowed by law, plus court costs, legal fees and other expenses incurred by the Borough in enforcing this Part.
2.
Any person operating a motor vehicle or combination upon a street, road or bridge in violation of a prohibition or restriction imposed under § 15-406 hereof shall, upon conviction, pay a fine in the maximum amount allowed by § 4902(g)(2) of the Vehicle Code, 75 Pa.C.S.A. § 4902(g)(2), as amended and supplemented, or by any equivalent section of the Vehicle Code, or the maximum allowed by law, plus court costs, legal fees and other expenses incurred by the Borough in enforcing this Part.
