[HISTORY: Adopted by the Borough of Hanover as indicated
in article histories. Amendments noted where applicable.]
[Adopted 4-25-2018 by Ord. No. 2269]
A.
LARGE VEHICLES
MOTOR VEHICLE
NUISANCE
PARK or PARKING
PERSON
RECREATIONAL VEHICLE
PRIVATE VEHICLE
STREET
TRAILER
TRUCK
TRUCK TRAILER
Definitions. For the purpose of this article, the following terms
shall have the meanings ascribed to them in this section, except where
the context in which the word is used clearly indicates otherwise:
The following recreational, commercial or private vehicles,
as defined in 75 Pa.C.S.A. § 102, and as amended from time
to time: articulated bus, combination, construction truck, driveaway-towaway
operation, farm equipment, full trailer, house trailer, limousine
(capable of carrying 10 or more passengers), maxi-cube vehicle, mobile
home, motor carrier vehicle, motor home, recreational vehicle or trailer,
semitrailer, stinger-steered automobile or boat transporter, tow dolly,
tow truck, trailer, truck-camper, truck trailer, and truck tractor.
A vehicle which is self-propelled except a self-propelled
wheelchair, an electric personal assistive mobility device, or a vehicle
which is propelled solely by human power. Motor vehicles include large
vehicles as defined herein.
Any condition, structure or improvement which constitutes
a danger or potential danger to the health, safety or welfare of citizens
of the Borough or causes a blighting effect in neighborhoods.
The halting of a vehicle, whether occupied or not, except
temporarily for the purpose of and while actually engaged in loading
or unloading property or passengers.
A natural person, firm, partnership, association, corporation
or other legal entity.
A vehicle used customarily for human habitation or recreational
activities during tours or vacation periods including, but not limited
to, travel homes, travel trailers, motor homes, truck campers, tent
campers, trailers, boats and trailers, snowmobiles and trailers, and
any other similar vehicle.
A vehicle used for domestic non-commercial use.
Any road, avenue, highway, court, cul-de-sac, alley, public
way or public square used as a public thoroughfare within the municipal
limits of the Borough of Hanover.
A vehicle designed to be towed by a motor vehicle.
Any large commercial motor vehicle which is or may be used
for attaching or pulling a trailer. This term shall also refer to
but not be limited to a tractor trailer and/or truck tractor, straight
body truck, flatbed truck, storage truck, refrigerator truck, any
large commercial motor vehicle, dump truck, tow truck, tri-axel vehicle,
and/or any heavy motor vehicle designed for carrying or pulling heavy
loads.
Any motor vehicle which attaches to a trailer and which is
primarily used for the transportation of goods, merchandise and materials,
and which, when in combination or on its own, totals 30 feet or more
in length. This term is commonly referred to as a "tractor trailer"
or an "18 wheel" vehicle. This term is not meant to include vehicles
which are making local deliveries in permitted areas.
B.
Purpose. The Hanover Borough Council has determined that hazardous
and unsafe traffic conditions within the municipal limits of the Borough
exist because large vehicles are often parked on streets in the Borough.
These hazardous and unsafe traffic conditions create a nuisance and
are detrimental to the public health, safety and welfare of the residents
of the Borough of Hanover and others, impede emergency vehicles (including
fire trucks, ambulances, etc.) and interfere with the peaceful and
quiet enjoyment of the residents of Hanover Borough in their homes
and neighborhoods. The Borough Council has determined that the adoption
of this article is necessary to remediate the foregoing.
A.
Parking of large vehicles prohibited.
(1)
No person shall park, cause to be parked, or permit to be parked
any large vehicle on any street within the municipal limits of the
Borough of Hanover.
(2)
No person shall park or leave on private property, streets or other
public property of the Borough, any inoperable motor vehicle or a
motor vehicle without a current license plate/registration and/or
current state inspection and emission sticker.
(3)
Nothing in this section shall be intended to prohibit the parking
of any truck or truck trailer or tri-axle vehicle for the purpose
of the delivery or pickup of merchandise, material, or goods provided
that the parking of said vehicle shall terminate immediately upon
conclusion of the delivery or pickup of merchandise, material or goods.
(4)
A large vehicle may be stored, unoccupied, upon private property,
including but not limited to storage on private roads owned by or
leased to the owner of such large vehicle. All such stored large vehicles
must be located on the side or rear of the property on a crushed stone,
black top or concrete surface capable of supporting the vehicle. All
parking areas and access roads or areas that are created or expanded
after the adoption of this article shall be constructed of a hard,
homogeneous, all-weather surface such as cement or asphalt or equivalent;
shall be graded to provide convenient vehicular access and proper
drainage; and shall be maintained in good and usable condition. All
existing parking areas and access roads or areas shall be constructed
and maintained with an aggregate base, cement or asphalt all-weather
surface. The parking of large vehicles on any surface or the accessing
of parking areas across any surface that is not constructed in accordance
with these regulations is strictly prohibited.
(5)
It shall be unlawful for any recreational vehicle to be occupied
for living purposes within the Borough of Hanover, whether located
on a public street, public property or private property.
B.
Exceptions. The regulations set forth in this article shall not apply
to:
A.
The provisions of any ordinances in effect upon the date of passage
of this article which are contradictory to the terms hereof are hereby
revoked and rendered null and void.
B.
The provisions of this article, as far as they are the same as those
of ordinances in force immediately prior to the enactment of this
article, are intended as a continuation of such ordinances and not
as new enactments. The provisions of this article shall not affect
any suit or prosecution pending to enforce any right or penalty or
to punish any offense under the authority of any ordinance in effect
at the time of the passage of this article.
C.
The provisions of this article are severable, and if any of its provisions
shall be held to be unconstitutional, illegal, or invalid, such decision
shall not affect the validity of any of the remaining provisions of
this article. It is hereby declared as the legislative intent that
this article would have been adopted had such unconstitutional, illegal,
or invalid provision not been included herein.
A.
Any person who violates the provisions of this article shall be subject
to a summary criminal proceeding before the magisterial district justice
as provided by the Pennsylvania Rules of Criminal Procedure, as may
be amended from time to time. Upon finding of a violation, a fine
shall be imposed of not less than $100 nor more than $500, together
with court costs and reasonable attorney fees incurred by the Borough
of Hanover in prosecution of the violation. Any person who fails to
pay the fines, court costs and attorney fees within 30 days of the
imposition thereof may be subject to imprisonment for a period of
time not to exceed 15 days.
B.
For any subsequent offense, a person shall be charged with a misdemeanor
of the third degree and, upon conviction, shall be fined not less
than $500 nor more than $1,000, plus costs of prosecution and reasonable
attorney fees or to imprisonment for not more than 90 days or both.
C.
Each day in which a violation occurs or continues shall be deemed
a separate violation hereof.
[Adopted 8-22-2018 by Ord. No. 2272]
On or after August 23, 2018, any person desiring to operate a vehicle which is oversized or overweight, as defined by regulation of the Commonwealth of Pennsylvania Department of Transportation and in § 348-6 of this article on the streets and highways within the Borough, shall file with the Department of Public Works an application for a hauling permit and shall pay the fee for such permit as required by this section, at least 48 hours in advance of such intended hauling. This article does not apply to state-designated routes that lie within the Borough of Hanover. Movement of oversize or overweight vehicles on state routes within the Borough of Hanover shall be regulated by a permit issued by the Commonwealth of Pennsylvania.
The definition of "oversized vehicle" for the purposes of this
article is as follows:
A.
To move a vehicle whose dimensions exceed the limitations set in § 348-6 hereof, application must be made to the Borough of Hanover for an oversized vehicle permit.
B.
The applicant shall provide to the Borough of Hanover proof of liability
insurance with a coverage limitation of not less than $1,000,000.
C.
The applicant shall pay to the Borough of Hanover a $50 permit fee,
plus $0.50 for each 1,000 pounds (or fraction thereof) over and above
80,000 pounds gross vehicle weight and in addition, $100 for each
bridge crossed within the Borough limits.
D.
Upon receipt of permit fee and proof of insurance, the Borough of
Hanover will provide the applicant with an oversized vehicle permit
to operate upon the streets of the Borough of Hanover. The oversized
vehicle permit will list the name of the applicant, identify the truck
and/or trailer by registration plate number, and list the overall
dimensions and weight of the vehicle. The permit will also list the
route, including origin and destination, through the Borough of Hanover.
The permit will also list any special provisions regarding hours of
operation or required escorts. The permit will be valid for five calendar
days after date of issuance. All permit fees are nonrefundable, moves
not completed in five days will need to be reissued at the Borough's
discretion.
E.
The permittee is responsible for notifying the utility companies,
the Borough Public Works Department (717-632-3939), and the Borough
Police Department (717-637-5575), at least 48 hours in advance of
any vehicle movement. The permittee is responsible for any fees for
services from the Borough Public Works Department as a result of moving
or raising traffic signals or signs. The permittee is responsible
for any engineering studies deemed necessary by the Borough of Hanover
to allow for safe bridge crossing; the permittee is responsible for
Borough of Hanover Police Department services required as a result
of the movement, as well as for any fees from utility companies for
raising wires.
F.
The Borough Public Works Department may require, at its discretion,
that a physical route survey be performed prior to the issuance of
a permit to ensure that a proposed routing can be negotiated safely.
The permittee shall repair, at his own expense and to the satisfaction
of the Borough, any damage to highways, structures or equipment which
occurs in connection with operations under the permit.
A.
Oversized vehicle movements may be conducted within the Borough of
Hanover between 9:00 a.m. and 4:00 p.m. Monday through Friday and
between the hours of 7:00 a.m. and 12:00 noon on Saturday, with the
following exceptions:
(1)
No movement on the following holidays: New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
(2)
No movement during PennDOT designated holiday travel restriction
days [Title 67 Pennsylvania Consolidated Statutes, Section 179.10(7)].
(3)
No movement conflicting with any other Borough special events.
B.
Pursuant to Section 179.10 Paragraph 7(iii) of Title 67, Pennsylvania
Consolidated Statutes, oversized movements will be allowed within
the Borough of Hanover between the hours of 3:00 a.m. and 7:00 a.m.
provided that the movement is accompanied by front and rear escort
vehicles, and that additional lighting be in place on all sides and
visible from a distance of 1,000 feet.
A.
An escort vehicle shall be a car or light truck, not exceeding 10,000
pounds gross vehicle weight.
B.
An escort vehicle shall be equipped with a minimum of two flashing
or revolving amber lights on the roof and will bear signs stating
"OVERSIZE LOAD" visible from the front and rear. Signs shall be five
feet wide and one foot high, with black letters on a yellow background.
C.
An escort vehicle shall have two-way radio communication with the
oversized vehicle.
D.
Escort vehicles and personnel shall have authority to direct traffic
and be responsible to ensure that traffic disruption is minimal. Escort
personnel shall wear an orange reflective vest and hardhat when engaged
in directing traffic.
E.
Escort vehicles are required to carry proof of liability insurance
with a minimum coverage limit of $1,000,000, naming the Borough of
Hanover as an additional insurance, said proof of insurance to be
kept on file with the Borough of Hanover.
F.
Escort vehicles shall be required in addition to § 348-9B as follows:
(1)
One escort vehicle. For an oversized vehicle over 11 feet in total
width; or for an oversized vehicle in excess of 75 feet in length.
(2)
Two escort vehicles. For an oversized vehicle that is over 11 feet
in total width and in excess of 75 feet in length.
(3)
An escort vehicle with a height pole. For an oversized vehicle in
excess of 14 feet in total height. The pole car will function as the
front car in the event two escort vehicles are required.
G.
When one escort vehicle is required it shall precede the oversized
vehicle on all roadways with one lane of traffic in each direction
and follow the oversized vehicle on all roadways with more than one
lane of traffic in each direction.
H.
When two escort vehicles are required, one escort vehicle shall precede
the oversized vehicle and one escort vehicle shall follow the oversized
vehicle.
I.
When an escort vehicle with a height pole is required, it will precede
the oversized vehicle at all times.
J.
An escort vehicle may be required for any restricted bridge crossing
within the Borough of Hanover.
A.
Any oversized vehicle found to be operating within the Borough of
Hanover without an oversize vehicle permit from the Borough shall
be subject to a fine of not less than $300 and not more than $1,000
for violation of this section, and in addition, the violator shall
pay the cost for applicable permit fees; and shall be held subject
to the regulations and penalties set forth in Chapter 49 of Title
75, Pennsylvania Consolidated Statutes.
B.
Any oversized vehicle in possession of an oversized vehicle permit
and found to be operating in violation of this section or the provisions
of the oversize vehicle permit shall have said permit confiscated
by any duly authorized law enforcement officer, and shall be subject
to a fine of not less than $300 and not more than $1,000 for violation
of this section, and additionally shall be held subject to the regulations
and penalties set forth in Chapter 49 of Title 75, Pennsylvania Consolidated
Statutes.
C.
Except for the penalties outlined in Subsections A and B of this section, whoever violates any provision of this article or any temporary rule or regulation made by the Police Chief pursuant thereto, shall upon conviction thereof, be fined not less than $300 nor more than $1,000 and in default of payment thereof, shall be imprisoned for not more than 90 days. However, the maximum amount of fine and imprisonment imposed shall not be greater than the fine or imprisonment provided for similar offenses by the Vehicle Code of the Commonwealth of Pennsylvania.
The duty of enforcing the provisions of this article shall be
upon the Borough of Hanover Police Chief acting through the Police
Department.
If any section or subsection of this article is found to be
unenforceable or defective, or found to be unlawful, all other sections
or subsections shall remain in effect and will be enforced.
