[Amended 3-19-2012 by Ord. No. 1304]
A. On the following streets or parts of streets, by authority granted
by § 4902(a) of the Vehicle Code, it shall be unlawful for
any person or persons to drive any vehicle or combination having a
gross weight in excess of the maximum prescribed below for that street
or part of street, as the case may be:
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Street or Bridge
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Between
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Maximum Gross Weight
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Beaver Street
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Edgeworth Borough line and Osborne Borough line (entire length)
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10 tons (20,000 pounds)
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Blackburn Road
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Beaver Street to Borough line
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20 tons (40,000 pounds)
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Broad Street
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Route 65 to Beaver Street
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15 tons (30,000 pounds)
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Walnut Street
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Route 65 to Beaver Street
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5 tons (10,000 pounds)
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Provided that nothing in this section shall prohibit any person
from driving any of the following vehicles on the above-referenced
street or parts of streets: (1) an emergency vehicle; (2) a truck
or other commercial vehicle making local deliveries to or pickups
from premises located along that street or part of a street; (3) a
school bus; or (4) a public bus operated by a governmental body which,
as of the date hereof, makes regularly scheduled passenger stops on
the above-referenced streets or parts of streets within the Borough
pursuant to established routes.
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B. Penalty. Any person operating a vehicle or combination upon a highway or bridge in violation of the prohibition and 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 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.
C. Vehicle weight limits established on all Borough streets and roads.
(1) 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 the limitations set forth in 75 Pa.C.S.A. § 4941,
no vehicle or combination may be operated on any street maintained
by the Borough of Sewickley if the gross weight of such vehicle and
load exceeds the limitations set forth in 75 Pa.C.S.A. § 4941,
unless its owner or operator or a land developer contracting with
its owner or operator has first obtained a permit from the Borough
to do so.
(2) The Borough may issue a permit as provided for in the preceding subsection
upon the following conditions:
(a)
Application for a permit shall be made to the Borough Manager
on a form to be provided by the Borough.
(b)
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.
(c)
The permit may be conditioned as provided in § 4962(a)
of the Pennsylvania Vehicle Code.
(d)
This subsection and Subsection
C(2)(e) 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
C(2)(b) above of an applicant proposing frequent overweight trips, and prior to the issuance of a permit or use by 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 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 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.
(e)
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.
(3) Any person, firm or corporation violating any provision of this section
dealing with a vehicle's or combination's gross weight shall, upon
conviction thereof, be sentenced to pay a fine of $75 plus $75 for
each 500 pounds or part thereof in excess of 3,000 pounds over the
maximum gross weight. If the gross weight of any vehicle or combination
exceeds the applicable gross weight allowed under 75 Pa.C.S.A. § 4941(a),
the fine imposed shall be doubled.
(4) Upon imposition of any fine and costs of prosecution imposed pursuant
hereto, the provisions of §§ 6309 and 6310 of the Pennsylvania
Vehicle Code shall apply.